One of President Biden’s promises when he ran as a candidate was that there would be not “another foot of wall” construction of the United States southern border wall, and that the open eminent domain cases would end. “End. Stop. Done. Over. Not going to do it....
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Cato Institute Files Brief in Eychaner v City of Chicago, Challenging Kelo v City of New London
On April 14, 2021, the Cato Institute filed an Amicus Curiae Brief in Eychaner v. City of Chicago, No. 20-1214, a case in which the Supreme Court of the United States could consider whether to expand the Takings Clause even further than it already did in Kelo v. City...
Prepare for More Projects Being Funded—and More Takings
An article¹ in the Chicago Tribune outlined out many infrastructure projects in Illinois that would receive a portion of federal funding should President Biden’s two-trillion-dollar American Jobs Plan pass, along with various perspectives on the plan as well. The...
Football Stadium’s New Turf and Drainage System Posing Potential Issues: An Example of Damages
There is hesitancy surrounding the Leechburg Area School District’s turf project for its Veterans’ Field Sports Complex, as the Leechburg council delayed approval of the project until its April meeting, according to an article posted on TribLive on March 21, 2021. The...
Businesses Along Route 47 in Woodstock Brace for State’s Road Widening Project
In an article published December 1, 2020, on the Shaw Media website, business owners are bracing for the upcoming road project on Route 47 in Woodstock, Illinois. While some are looking forward to the work being done, others are worried that the disruption to business...
Wait, Is It Imminent Domain or Eminent Domain? The Difference Between Imminent vs Eminent Domain
When you start to type in the word “imminent,” Google’s dropdown menu appears and fourth (at least when last checked) on that list was the search, “imminent domain.” That’s funny, you might think, I always thought it was spelled “eminent domain.” Interestingly enough,...
Will the New Tropicana Field Project in St. Petersburg, Florida Fulfill its Duty in Using the Land for Public Good?
In an articled published on Tampa Bay Times website on January 15, 2020, authors Josh Solomon and Jay Cridlin provide updates regarding the future of Tropicana Field as well as the perspective of its past. The city has received eight bids from what will be a “master...
Even When Development Plans Change, Takings Can Still Be Constitutional
A corrected court opinion, filed on December 22, 2020 in the Illinois Appellate Court of Illinois, First District, affirmed the lower court’s findings. The case revolved around the City of Chicago’s taking of Defendant Eychaner’s vacant property at Grand Avenue and...
Another Dangerous Example of Eminent Domain
Nowadays, the use of eminent domain is commonly used for roadway purposes, such as adding lanes and/or improving the roadway overall. However, there are other uses which are purported to be 'for the good of the people' based upon economic promises. The project is...
City Council Takes Next Step in the Path to Acquire Metacomet by Eminent Domain
We previously blogged about a council member presenting a resolution to acquire private property, also known as land acquisition; as suspected, the City's main concern is not necessarily to preserve open spaces but to generate income. Read below to learn the details...