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The eminent domain is cool stuff. The eruv I was involved with had such a grant from the boroough president. He was dead for ten years when I, by no means the posek of the operation, brought up the sechiras reshus issue. We hastily got a new issue from our congressperson.
The eminent domain issue is precisely the problem. In America, you can’t take someone’s property — or even deny them development rights — without paying the fair market value for it. It is in the US Constitution. In many states and localities, it requires a court hearing. How can sechirat reshut work under these circumstances?
“are you “lineman”? I am impressed! “
“lineman”‘s site is very impressive. (And thank you, David, for the compliment.)
I find it quite odd to use eminent domain as the rationale for not needing sechiras reshus. The U.S.’s eminent domain is historically one of the most pro-individual as opposed to pro-government. How could of it been an issue in the past but not now?! Also, misvara, the government can only take property for private use and there’s a very specific process, they don’t actually own your property.
many u.s. states have severe restrictions written into their state constitutions restricting the use of eminent domain in their state.
The only issue some states have is regarding what is considered public use. However, the power of eminent domain is universal across the states.
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