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Gabe, I'll grant you that there is a fundamental difference between the public needs of a railroad/pipeline/transmission line et al and the public needs of a big box store or new multi family dwellings. However, in spirit (and from a legal perspective) a new private development is a new private development regardless of function or intent. In other words, I'm not sure the law sees a difference between local/regional juristiction that supports UP and local/regional juristicition that supports WalMart. The Supreme Court recognized that it would be discriminatory to allow Corporation A the right to eminent domain but not allow Corporation B the same right, regardless of what it is those corporations are involved. It is up to Congress to make the distinction between those corporations which absolutely need to access certain private property to function, and those which could effectively "shop around" for the right location. <br /> <br />Of course, I have argued in other topic lines that railroads are not the same as other private ventures, therefore it is ridiculous to allow railroads the same levels of "hands off" government approach, especially given the importance of preserving and expanding transportation infrastructure to meet the demands of an ever growing economy. If I remember correctly, even you Gabe presented the "McDonalds" analogy in defending the current railroad closed access status quo system. So therefore, if railroads are no different from McDonalds when it comes to what governments allow in terms of price or access regulation, then it can also be argued that McDonalds is no different from railroads in what governments allow when it comes to eminent domain. <br /> <br />For the record, I am all for allowing railroads the right of eminent domain, but with that right comes the necessary oversight of regulation to assure optimal citizen access to that ROW that utilized the right of eminent domain. Otherwise, we are just granting fiefdoms to discriminatory entities.
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