But can a private for-profit energy company that admittedly does not possess the power of eminent domain force its way onto private property on the theory that it needs entry so the government can evaluate whether to delegate it the power of eminent domain? In PSEG Renewable Transmission LLC v. Arentz Family, LP, No. 25-1730 (Aug. 6, 2026), the U.S. Court of Appeals…
Continue Reading CA4 Puts The Cart Before The Horse: Private Entity Doesn’t Have The Power Of Eminent Domain, But It Is Likely To Get It If Only Those Pesky Owners Were Stopped From Exercising Their Right To Exclude
