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Eminent Domain And Unfettered Discretion: Lessons From A History Of U.S. Territorial Takings, Jill M. Fraley

Scholarly Articles

Eminent domain is a minimal constitutional protection for private property and one that is subject to far more discretion than previously recognized by scholars. This Article traces a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns originating within eminent domain law. Comparing this history to recent research that demonstrates how takings in the States have disproportionately impacted Black communities, this Article articulates three patterns of injustices in takings echoing between Black mainland communities and indigenous communities in the Territories: large-scale federally funded actions, local government …

Shreve V. Baltimore: A Municipal Misstep Leads To A City Forever Beautiful, Laura Tallerico

Legal History Publications

This paper explores municipal decision making in condemnation proceedings and whether or not the public use requirement protects individual property owners from poor municipal decision-making. When condemners are allowed to take in fee simple absolute, their decisions have lasting effects on property. The decisions of the Baltimore City government in its creation of a water system illustrate why some may be queasy about this. However, this may actually be desirable because it allows for municipalities, in particular, to both achieve the public purpose necessary at the time of condemnation and to improve in the future rather than go through the …

Public Takings By The State For Private Use: A Maryland Case Study In Georges Creek Coal & Iron Company V. New Central Coal Company (1871-1874), Joshua T. Carback

Legal History Publications

This paper examines the legal controversy concerning New Central Company’s attempt to execute a public taking of the land of the Georges Creek Coal and Iron Company for its private use to build a railroad. This paper analyzes the significance of the case within the social, economic, and political context of the town of Lonaconing in Allegany County, Western Maryland, where the parties were situated. This paper also traces the procedural history of the case, including its appearance before the Allegany Circuit Court in 1872, and before the Maryland Court of Appeals in 1873 and 1874. Finally, this paper presents …

The Constitutional Dimensions Of Sports Franchise Takings: Lessons Learned From The Baltimore Colts, Travis Bullock

Legal History Publications

This paper chronicles the history of the Baltimore Colts up to and during that franchises’ relocation from Baltimore City to Indianapolis. Although Baltimore City attempted to prevent the relocation by taking the franchise through eminent domain, the Colts were no longer subject to Maryland’s, and therefore the city’s, jurisdiction. By moving, the Colts exposed an important limitation on State eminent domain authority; that condemned property must be located within a state’s territory in order to be subject to eminent domain. Further, the commerce clause would likely have prevented the city from condemning the Colts.

Condemnation Of Fairfield During World War Ii: A City's Quest For Just Compensation, Fernando Papakonyang

Legal History Publications

During World War II, when allied cargo ships were being sunk by German U-boats, the

Federal government in a bid to expand its ship building capabilities, condemned land in Fairfield, Baltimore, Maryland. The land was given to Bethlehem Steel Corporation, primarily to build and repair ships. After the owners of property in the condemned area were compensated, the District Court in the District of Maryland convened to determine what compensation if any the Mayor and City of Baltimore were entitled to for the alleys that were condemned.

The Court granted the Mayor and City of Baltimore only nominal damages as …

Inventing The Classical Constitution, Herbert J. Hovenkamp

All Faculty Scholarship

One recurring call over a century of American constitutional thought is for return to a "classical" understanding of American federal and state Constitutions. "Classical" does not necessarily mean "originalist" or "interpretivist." Some classical views, such as the attempt to revitalize Lochner-style economic due process, find little support in the text of the federal Constitution or any of the contemporary state constitutions. Rather, constitutional meaning is thought to lie in a background link between constitution formation and classical statecraft. The core theory rests on the assumption of a social contract to which everyone in some initial position agreed. Like any contract, …

Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo M. Peñalver

Cornell Law Faculty Publications

Water Transfers And Exchanges: Using The Market To Improve Water Use—A Legal/Institutional View, Gary D. Weatherford

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.