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Eminent domain for roads (which includes transit) is constitutionally legitimate, though IMHO the Constitution should have required a greater then market value, to encourage more efficient routings that require less eminent domain. (Just look at the design evolution of the DC freeway system for a good background on this).

Eminent domain for private development though is not.

Paradoxically, Washington, D.C. favors it for the latter and not the former.

by Douglas Willinger on May 29, 2009 10:07 pm • link • report

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