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The Expansion Of Federal Railroad

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Beginning around 1830, eminent domain with the expansion of the railroad. Railroads were being built by private companies but needed land deemed public by states to be “bought” when private land owners did not wish to sell. While federal legislation was not involved in granting railroads the right of eminent domain, states gave these rights then and continue when the need arises today.
The Hepburn Act of 1906 began the regulation of interstate pipeline transport. This includes the transport of oil and other commodities along railroads, roads or waterways. As gas pipelines were beginning to be laid out, there was no early interjection of Federal Congress. This changed during World War II when “under its war powers, granted to …show more content…

Residents of the land, now “condemned” challenged the City’s authority. When the Supreme Court decided Kelo, it began of an evolving set of tensions across the United States over defining “public use.” Many state legislatures banned eminent domain for economic development or several other specific authorized public uses. (A&M)
States have responded differently to the challenges of private, for-profit companies wanting eminent domain authority and regarding issues of public use raised by pipeline companies. Florida, has almost completely banned transferring condemned property to private companies for economic development. Missouri and Vermont, prohibit the taking of land just for economic development. Texas, like most other states, prohibits taking property for economic development unless it is secondary to reducing harm to the area from society from wrecked property, then economic development is permitted. Transferring condemned property to another person or private company is prohibited in many states. Delaware requires specific proof of public use before it allows a property transfer to a private entity under eminent domain. Florida requires a three-fifths vote from both houses of the legislature before eminent domain can be exercised to benefit a private party. (A&M) These are for property going to private entities. This does not always reach utilities,

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