As has been expected for some time, the federal government has filed an action to condemn 276 acres of property in order to build a memorial to those killed on Flight 93 on September 11, 2001.
As I have explained in previous posts (see here and here), I believe that this condemnation is constitutional even under a relatively restrictive interpretation of the Public Use Clause of the Fifth Amendment. After all, the land will be owned and used by the federal government for a public memorial. At the same time, as discussed here, I remain skeptical that the government really needs to condemn such a large area (the memorial site will encompass a total of 2200 acres). It seems to me that an appropriate memorial to the heroes of Flight 93 can be built on a significantly smaller area, and with much less infringement on property rights.
Related Posts (on one page):
- Federal Governments Seeks to Condemn Land for Flight 93 Memorial:
- Eminent Domain Battle over Flight 93 Memorial Continues:
- Federal Government Will Use Eminent Domain to Take 500 Acres of Property for Flight 93 September 11 Memorial:
- Using Eminent Domain to Acquire Land for the Flight 93 Memorial: