[at-l] put a cork in it

[ellen at clinic.net (Bob C.)]

>"...And for those who still claim that condemnation is not used..."

I'm not sure anyone has claimed that. Certainly, I didn't.

The law, however, requires that eminent domain be the last resort, not the
first.

As adopted by the Congress, "The Appropriate Secretary may utilize condemnation
proceedings without the consent of the owner to acquire private lands or
interests therein pursuant to this section only in cases where, in his judgment,
all reasonable efforts to acquire such lands or interests therein by negotiation
have failed, and in such cases he shall acquire only such title as, in his
judgment, is reasonably necessary to provide passage across such lands:
Provided, That condemnation proceedings may not be utilized to acquire fee title
or lesser interests to more than an average of one hundred and twenty-five acres
per mile."

It's rather obvious to me, that there no longer would be a continuous footpath
between Georgia and Maine had Congress not granted that provision. The fact that
after 25 years and there are still unprotected segments, suggests that the
federal agencies have spent a lot of time negotiating and only minimal time in
court.

Weary





https://www.tourolaw.edu/2ndCircuit/Pre95/92-6201.html
> 
Bob