[Ilya Somin, June 1, 2009 at 1:27pm] Trackbacks
Eminent Domain Battle over Flight 93 Memorial Continues:
CNN has 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 previously wrote about this controversy here and 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.
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