HTK Management, L.L.C. v. Seattle Popular Monorail Authority

¶58 J.M. Johnson, J.

(dissenting) — In a recent and highly publicized opinion, the United States Supreme Court justified its denial of federal constitutional protections against eminent domain abuse by acknowledging the states’ power to afford their citizens greater protection against such abuse.

[N]othing in our opinion precludes any State from placing further restrictions on its exercise of the takings power. Indeed, many States already impose “public use” requirements that are stricter than the federal baseline. Some of these requirements have been established as a matter of state…