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by bogomipz
1461 days ago
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I'm not ignoring anything. Eminent domain is not at all applicable here. You seem to be ignoring that eminent domain applies to private land in order to make it available for public use. The land involved is already public, it belongs to the states. Honestly you really don't seem to have much of any meaningful argument or explanation other than repeatedly using the phrase "eminent domain" incorrectly. |
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The pertinent text is
>Early cases also reflected the understanding that state property was not immune from the exercise of delegated federal eminent domain power. See Stockton v. Baltimore & N. Y. R. Co., 32 F. 9 (Bradley, Cir. J.). The contrary position—that a federal delegatee could not condemn a State’s land without the State’s consent—would give rise to the “dilemma of requiring the consent of the state” in virtually every infrastructure project authorized by the Federal Government.
It literally calls out that major infrastructure projects would not have been feasible without this power
[1]https://www.law.cornell.edu/supremecourt/text/19-1039