Re: Eminent domain ( was ...[at-l] Graymoor---)

["Walt Daniels" <wdaniels@bestweb.net>]

I think there is a lot of confusion about eminent domain. Using the word
"taking" is a deliberately loaded substitution. Taking implies that you get
nothing in return. That is not the case with eminent domain. You get at
least "fair market value" and sometimes a good bit more. Land appraisers do
not take sentimental value into account. The courts may.

E.D is restricted to whatever the law permits it for. It cannot be applied
for "all"  government purposes. In particular the National Trails System Act
permits it for the AT. The AT is very much like a highway. It is not like a
nature trail in a town park. Just like a highway, once a route has been
fixed and significant expenditures have been made to secure that route you
cannot permit one small piece to hang up completion. The AT is sufficiently
like a highway that it qualifies for ITEA (now TEA-21) grants, i.e.
transportation grants.


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