William Baude

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Rethinking the Federal Eminent Domain Power

122 Yale L.J. 1738 (2013). It is black-letter law that the federal government has the power to take land through eminent domain. This modern understanding, however, is a complete departure from the Constitution’s historical meaning. From the Founding until the Civil War, the federal government was thought to have an eminent domain power only within the District of Columbia and...