The Yale Law Journal

William Baude

Article

Rethinking the Federal Eminent Domain Power

William Baude


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 t…