re: #229 Simply Sarah

Well, yes. It basically said it was a valid use of eminent domain to take the property for transfer to private developers. The reaction of the vast majority of states to this was to pass laws which ban the taking of property by eminent domain for transfer to private developers. I assume the federal law in question here basically does the same thing. The only potential constitutional question here would be “Is Congress overreaching if the bill applies to entities other than the federal government?”

Except…

When railroads and interstates were built, that’s exactly how eminent domain worked. It’s how they were intended.

My impression of the Kelo decision was more nuanced. Not that government took private property and gave it to other private developers, but rather that the recipients had to be using it for a result that was predominately if not solely to the common good. NOT to build a supermall or a stadium or such.