Eminent Domain for Private Sports Stadiums: Fair Ball or Foul?

Abstract

Eminent Domain for Private Sports Stadiums: Fair Ball or Foul? Should cities be permitted to use their power of eminent domain to acquire land for a sports stadium to be operated by a major league team? The Fifth Amendment allows eminent domain to be used for a public use. Some courts have upheld eminent domain for industrial and shopping centers as benefiting the community - a dubious conclusion. The Supreme Court has recently accepted a Connecticut case so holding. This article also looks at the proposals for a football stadium on Manhattan's West Side and a basketball stadium in Brooklyn, the latter requiring eminent domain, and both using vast amounts of public funds. I contend these are poor investments for cities using taxpayers' moneys diverted from essential needs.