Archive | Doctrine of Federal Preemption

Oh, Oh, The City Is Being Sued by Amtrak!

A few years ago, I wrote a blog “Can One Government Condemn Another Government’s Property?” (November 12, 2018) We wrote then: Generally, a body with the power of eminent domain cannot condemn the property of a higher sovereign.  But the key inquiry seems to be, is the current use a public use, since there is a doctrine of prior public use which holds that a condemnor may not condemn property already being used for a public purpose if the proposed use “will either destroy the existing (public) use or interfere… read more

Posted in Amtrak, Condemnation of Government Property, Doctrine of Federal Preemption, Supremacy Clause
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