Although the power of eminent domain is an attribute of sovereignty, a number of federal statutes authorize the use of eminent domain by utilities and private, for-profit companies to acquire easements and other property interests for approved projects. Landowners often find themselves overwhelmed when private companies and utilities condemn their property rights. In addition to public use issues, landowners increasingly face the prospect of federal courts granting the companies injunctive relief for immediate possession -- before any compensation issues are resolved or quick take has occurred. These condemnations raise fundamental questions of federalism and choice of law relating to the measure of compensation, the valuation process, and the type of evidence admissible in court. How should property rights be protected when property is taken by non-governmental entities? Panel 3 will address these and other issues.

Panel also featured: James W. Ely Jr., Alexandra Klass, Andrew Prince Brigham, Stephen J. Clarke