Eminent Domain for Private Sports Stadiums: Fair Ball or Foul?

22 Pages Posted: 13 Jan 2005  

Philip Weinberg

St. John's University - School of Law

Abstract

Eminent Domain for Private Sports Stadiums: Fair Ball or Foul? Should cities be permitted to use their power of eminent domain to acquire land for a sports stadium to be operated by a major league team? The Fifth Amendment allows eminent domain to be used for a public use. Some courts have upheld eminent domain for industrial and shopping centers as benefiting the community - a dubious conclusion. The Supreme Court has recently accepted a Connecticut case so holding. This article also looks at the proposals for a football stadium on Manhattan's West Side and a basketball stadium in Brooklyn, the latter requiring eminent domain, and both using vast amounts of public funds. I contend these are poor investments for cities using taxpayers' moneys diverted from essential needs.

Suggested Citation

Weinberg, Philip, Eminent Domain for Private Sports Stadiums: Fair Ball or Foul?. Lewis & Clark Law Review, Vol. 35, No. 2, Forthcoming. Available at SSRN: https://ssrn.com/abstract=648183 or http://dx.doi.org/10.2139/ssrn.648183

Philip Weinberg (Contact Author)

St. John's University - School of Law ( email )

8000 Utopia Parkway
Jamaica, NY 11439
United States

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