Churches and Eminent Domain
George Mason University Law Professor Ilya Somin has some thoughts on a proposal to give churches special protection from the abuse of eminent domain.
I agree with Prof. Hamilton's bottom-line conclusion: that church property should not be given greater protection against takings than other property owners enjoy. I also tentatively agree that Kennedy's proposal may violate the Establishment Clause, though this issue is really outside my area of expertise.
However, I think Hamilton is mistaken in her claim that church property is not unusually vulnerable to "economic development" condemnations of the sort that the U.S. Supreme Court upheld in Kelo v. City of New London.
What to read next
In February, eight Black and Hispanic families filed a federal lawsuit challenging the Connecticut State Department of Education’s race-based enrollment quotas for Hartford’s magnet schools. This policy mandates that 25% of a … ›
Don’t know how to identify every one of the 1,500 endangered species? This group wants to throw you in prison.
Ok, that’s a slight overstatement. But not as much of one as you would think. Activist group WildEarth Guardians apparently dreams of a world in which people can be thrown … ›