Tag Archives: takings

Eminent Domain: Finding Common Ground

January 4, 2018 · by · in Constitutional Law, Property

Several environmental groups are teaming up with property rights advocates to file suit against the Federal Regulatory Commission (FERC), challenging the Commission’s use of eminent domain in siting pipelines. In October, Mountain Valley Pipeline filed a lawsuit in federal court against Virginia landowners to initiate the acquisition of easements via eminent domain authority through their […]

Forcing the Invisible Hand: The “Public Use” Conundrum–Part I

August 11, 2017 · by · in Property · 2 Comments

The Supreme Court’s recent decision in Kelo v. City of New London sanctioned the use of eminent domain authority for private development. This decision was the culmination of a line of cases, each of which gradually eroded the public use constraint articulated in the Fifth Amendment. The first uses of eminent domain, at the time […]