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To: 4ConservativeJustices
You bolster my case with you examples of states siezing privat/commercial property, but not federal property. I'm not aware of a case where federal property was ever condemned without the approval of the federal government, not now and certainly not in 1861.
311 posted on 10/01/2002 5:40:33 PM PDT by Non-Sequitur
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To: Non-Sequitur
In Arizona and other states public utilities may seize federal, state, commericial and private property ("[t]he authority may acquire by lease, purchase or any other means, real property owned by the state or federal government.")

"Before the adoption of the Fourteenth Amendment this power [eminent domain] of the state was unrestrained by any federal authority."
Justice Day, Green v. Frazier , 253 US 233, (1920)

Whether or not the federal government agreed to it, the states could do what they wanted with respect to properties within their borders.

312 posted on 10/01/2002 8:50:09 PM PDT by 4CJ
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