W&L Law’s Fraley Publishes Article in Penn State Law Review Professor Jill Fraley published "Eminent Domain and Unfettered Discretion: Lessons from a History of U.S. Territorial Takings."

By Law Communications
November 2, 2022

Washington and Lee law professor Jill Fraley has published an article in the Penn State Law Review. The article, “Eminent Domain and Unfettered Discretion: Lessons from a History of U.S. Territorial Takings,” explores a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns originating within eminent domain law.

“Comparing this history to recent research that demonstrates how takings in the States have disproportionately impacted Black communities, this Article articulates three patterns of injustices in takings echoing between Black mainland communities and indigenous communities in the Territories: large-scale federally funded actions, local government takings that demonstrate bias and disproportionately impact minority communities, and delayed and inadequate compensation. Each of these patterns provides insight into how eminent domain law has failed to adequately protect private property. The result is a picture of how eminent domain law is doctrinally destined to fail at protecting property, particularly in communities with limited political power,” writes Fraley.

The article is available online at the Penn State Law Review and the W&L Law Scholarly Commons.