Quote:
Originally posted by Tyrone Slothrop
I understand what you're suggesting, but not why.* Do you think it should have been unconstitutional for the federal government to take land by eminent domain to give the railroads? Private business, but the public benefits are clear. OK to build a freeway, but what if it's a toll road owned by an authority with private bondholders?
* eta: I take it back: I'm not sure what you're suggesting. How do you decide what's appropriate?
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The public benefit in this case (i.e., marginal increase in tax revenues) is too remote in this case for my tastes. The public benefit should be direct, and not simply a proxy for a tax increase.
I'm not familiar with the RR cases. Did the RR actually own the land or did it just get a easement? I think it makes a major difference.
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