Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Eminent Domain (Update), James E. Krier
Eminent Domain (Update), James E. Krier
Book Chapters
One of the most challenging and enduring puzzles in American constitutional law is how one distinguishes a compensable taking of power from a legitimate and noncompensable exercise of the police power. To suggest the Supreme Court’s approach to the question, Harry N. Scheiber, author of the Encyclopedia’s principal article on eminent domain, looked back and away from the Court to Chief Justice Lemuel Shaw of Massachusetts.