Saturday, April 1, 2006

"Green" condemnation (and the fairways, too ..)

  Here’s a twist (and no April Fool's ...) to government’s using eminent domain to serve the “public interest.”  The New Yorker magazine reports that the tony town of North Hills, on Long Island, N.Y., is considering seizing an exclusive and private golf club in order to make it available to all dues-paying members of the town.  The magazine states that there are already 51 golf courses within 15 miles.  A dilemma for duffers, however, may be that most of the courses are private, often with very high dues and a wait list.  What’s a poor $200K-a-year North Hills executive to do when he or she has a hankering for a par 4 with a water hazard (now recognized by the U.S. Interior Department as a wetland)?  Kelo, Midkiff, and Berman to the rescue.   

http://lawprofessors.typepad.com/land_use/2006/04/green_condemnat.html

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Comments

Would an errant golf ball entering a water hazard constitute a discharge of dredged or fill material under the Clean Water Act?

Posted by: rcg | Mar 31, 2006 7:52:41 AM

If I hit a golf ball into a water hazard, does this constitute a discharge of dregded or fill material under the Clean Water Act?

Posted by: rcg | Apr 4, 2006 5:27:00 AM

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