Perspective
Apr. 27, 2011
Public Entities Need Freedom to Do What Is Best for Their Communities
State appellate court was right to bar claims of "precondemnation" for seizure of property not intended for public use. By Mona M. Nemat of Best Best & Krieger LLP.
The line between lawful action by a public entity and an unconstitutional taking has been blurry at best. Courts and commentators alike have grappled with the distinction, often failing to find one. Unfortunately, public entities often find themselves in a difficult situation when deciding whether to implement a program and face possible liability as a result, or do nothing and face another form of liability. This dilemma often causes public agen...
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