WSJ: We’re from the Government and we’re here to build a bike path

From the Wall Street Journal (behind a paywall so below is just a snippet):

. . . The practice of government taking land for recreational uses—typically bike lanes, hiking paths and fashionable “rail trails” and “greenways”—is spreading across the country, marking a sharp and troubling expansion of eminent domain. The Takings Clause of the Constitution’s Fifth Amendment grants government the authority to seize property to be used for the public good, as long as government pays “just compensation” to the owner. Over the years, the Supreme Court has consistently expanded what is considered a “public good” to justify government seizures. . .

Meanwhile, cities and towns across America have in recent years developed an appetite for different types of lengthy, sometimes intrusive hiking and bike paths. . .

[As] local governments, park systems and state agencies become bolder about seizing property for recreational use, don’t be surprised if the next eminent-domain case with national significance involves a bike path in your backyard.

4 thoughts on “WSJ: We’re from the Government and we’re here to build a bike path

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  1. I had a college Sociology professor back in the 1960’s (when tuition to a state college was $400 a semester) who made a statement that’s been in my mind ever since: “The more government gives you the more government controls you”. AMEN!

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  2. Hi Annie,

    Interesting article. I missed it in the 2/14 WSJ.

    We’ve lived in two states that have had extensive rail to trails networks (MN & WI), and I was a frequent user of them. From my experience it was nearly inevitable that when a rail conversion to trail was advocated, nearby property owners as well as other individuals with no personal ownership interest would object. Their reasons centered around, litter, noise, drug and other criminal related activity. I think those issues are overstated, and if those wanting the trails would do a more thorough job on the front end of their push for the project, perhaps they could succeed without eminent domain.

    I hope while I’m still of cycling age I will see the Ecusta Trail come to fruition. Using the Swamp Rabbit Trail as a model, there is validity in what a well planned trail can do for the economic vitality of the surrounding area. Having said that, a trail to nowhere has little promise, and no interest for an avid cycling community.

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