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
October 6, 2022
Oh, Oh, The City Is Being Sued by Amtrak!
Posted in Amtrak, Condemnation of Government Property, Doctrine of Federal Preemption, Supremacy Clause