The problem of eminent domain justice

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Reference no: EM132136027

"The idea of public use is also discussed thoroughly in Merriman’s 2012 article suggesting a statutory solution to the problem of eminent domain justice (Merriman 1335). Specifically, Merriman cites the opinion of the Supreme Court in an 1896 California case involving irrigation rights and eminent domain (Fallbrook Irrigation District v. Bradley). The Supreme Court explained that “it is not essential that the entire community, or even any considerable portion thereof, should directly enjoy or participate in an improvement in order to constitute a public use.” Merriman explains that, according to the Supreme Court, “the public purpose of facilitating the cultivation of millions of acres of arid property constituted a public use that satisfied the Constitution” (Merriman 1336)." Why this important?

Reference no: EM132136027

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