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Editor: Stephen Clowney
Univ. of Kentucky College of Law

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Friday, September 21, 2012

Universities and the Law of Eminent Domain

The Chronicle of Higher Education reports on the use of eminent domain by educational institutions like Ball State:

At a time when public university leaders regularly point to the advantages that private institutions have enjoyed over them in recent years – such as freedom from most state regulations, freedom to raise tuition, and often significant financial resources -- it’s easy to forget that the public universities still have one significant advantage. They are parts of the state, and that comes with a lot of powers.

Earlier this month, Ball State University’s board of trustees authorized the use of eminent domain – the power of the state to seize private property without the owner’s consent so long as the owner is compensated – to take a piece of property on which it plans to construct a hotel, conference center, restaurants, and dormitory for hospitality students.

Steve Clowney

(HT: Volokh Conspiracy)

http://lawprofessors.typepad.com/property/2012/09/universities-and-the-law-of-eminent-domain.html

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