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Overnight Open Thread

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FFL (GOP Delenda Est)2/29/2012 7:36:02 am PST

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?”

Well, could the state laws be considered an overreach as well applying the same reasoning?

IIRC, zoning and property use control is usually a county or township level issue. But personally I’d want eminent domain controls defined at a higher level than that because I can easily visualize a wealthy developer buying sufficient control of a local zoning board in order to get them to carry out manipulations at his beck and call.