Posted by Ilya Somin: Eminent Domain Battle over Flight 93 Memorial Continues: http://volokh.com/archives/archive_2009_05_31-2009_06_06.shtml#1243877268
CNN has [1]an interesting article describing the ongoing battle over the federal government's plan to use eminent domain to acquire some 500 acres of private property for the construction of a memorial at the site where Flight 93 crashed on September 11, 2001. I previous wrote about this controversy [2]here and [3]here. As I explained in those posts, I think that these takings are clearly constitutional, even under the relatively narrow interpretation of the Public Use Clause of the Fifth Amendment that I favor. However, I am somewhat skeptical that the government really needs to use 2200 acres of land, including 500 taken by eminent domain, to build an appropriate memorial to the fallen. References 1. http://www.cnn.com/2009/POLITICS/05/29/flight.dispute/index.html?iref=newssearch 2. http://volokh.com/archives/archive_2009_05_03-2009_05_09.shtml#1241741620 3. http://volokh.com/posts/1230588153.shtml _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
