The Messy History of the Federal Eminent Domain Power: A Response to William Baude
Christian R. Burset
December 1, 2013
4 California Law Review Circuit 187 (2013)
In this response to William Baude's article, Rethinking the Federal Eminent Domain Power, Christian Burset challenges Baude's claim that antebellum legislators, commentators, and judges uniformly refused to acknowledge a federal eminent domain power. Examining historical sources and case law, Burset highlights how changing political attitudes influenced historic beliefs about the ability of the federal government to condemn land within state boundaries.
Number of Pages in PDF File: 22
Keywords: Legal history, constitutional law, eminent domain, Takings Clause, Necessary and Proper Clause
Date posted: December 20, 2013 ; Last revised: December 24, 2013