Perspective
Dec. 10, 2010
Is This Really An Emergency?
Plans to burn a private residence in San Diego County highlights the unfairness of the "emergency exception" in eminent domain law. By Charles F. Campbell of Point Loma Law.
Today, the county of San Diego, exercising its police powers, plans to burn a privately owned residence located in an unincorporated area of the county near Escondido to eliminate a public nuisance created by a tenant who allegedly operates an illegal bomb-making factory. Prior to burning down the house, the county will build protective barriers around the property and evacuate nearby homes.
Although the California Constitution g...
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