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Overnight Open Thread

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Birth Control Works2/29/2012 7:38:14 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?”

I think that in these cases it is important to remember that the government isn’t “taking”. The individuals get paid for their land. It’s more like a “forced sale.”