• Corpus ID: 143001563

Rethinking the Federal Eminent Domain Power

@article{Baude2013RethinkingTF,
  title={Rethinking the Federal Eminent Domain Power},
  author={William Baude},
  journal={Yale Law Journal},
  year={2013},
  volume={122},
  pages={1738}
}
It is black-letter law that the federal government has the power to take land through eminent domain. This modern understanding, however, is a complete departure from the Constitution’s historical meaning.From the Founding until the Civil War, the federal government was thought to have an eminent domain power only within the District of Columbia and the territories — but not within states. Politicians and judges (including in two Supreme Court decisions) repeatedly denied the existence of such… 
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