A few years ago, I wrote a blog “Can One Government Condemn Another Government’s Property?” (November 12, 2018) We wrote then: Generally, a body with the power of eminent domain cannot condemn the property of a higher sovereign. But the key inquiry seems to be, is the current use a public use, since there is a doctrine of prior public use which holds that a condemnor may not condemn property already being used for a public purpose if the proposed use “will either destroy the existing (public) use or interfere… read more
October 6, 2022