I thought to myself why would one business be able to seize anothers property?
How does a private company deserve Eminent Domain powers?
Is a Funeral Home not a Public Good too?
Why would we allow emminent domain for a monolopy company.
https://www.13newsnow.com/article/news/local/mycity/virginia...
As Justice Sandra Day O’Connor wrote “The specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”
After all of this, the land didn't get built into a corporate campus:
>...For nearly 20 years since the ruling, the entire Fort Trumbull neighborhood remained a vacant lot after being bulldozed by the city; a neighborhood once teeming with families who resided there for generations was home only to weeds and feral cats. The economic development the city promised the U.S. Supreme Court would materialize—if only the government could get its hands on the land—never materialized, even after spending more than $80 million in taxpayer money.
https://en.wikipedia.org/wiki/Kelo_v._City_of_New_London https://ij.org/case/kelo/
They were offering the Funeral Home $20K for 'air rights'. No poles. Seems cheap if you feel you will need to shutdown the business.
https://landownerattorneys.com/can-private-companies-use-emi...
One of the mechanics at play is suing the property itself, which can’t defend itself for rather obvious reasons. That side steps any property rights with jurisdiction in rem: https://en.m.wikipedia.org/wiki/United_States_v._%24124,700_...
IANAL but it’s as stupid as it sounds and it’s been controversial (i.e. United States v. Approximately 64,695 Pounds of Shark Fins)
(6th Amendment)