Let’s talk pre-textual takings

Recently the 2nd Circuit ruled in Brinkmann v. Town of Southold that taking property with the power of eminent domain, even if the taking’s pretext is for a passive park, a public park with no amenities, it is permitted. It was argued that the true/actual/real reason the land was taken was to prevent a big box hardware store from being built.

Reason | Second Circuit Rules that a “Passive Park” Qualifies as a Public Use Authorizing Use of Eminent Domain—Even if this Rationale is a Pretext for a Desire to Block Private Owners’ Plan to Build a Hardware Store