Thanks to Professor Gideon Kanner at Gideon’s Trumpet for pointing out a recent important eminent domain case from the Court of Appeals of Washington (state), HTK Mgm’t, L.L.C. v. Rokan Partners, No. 58113-9-I (Wash. Ct. App., July 23, 2007). The court summarized the case:
The power of eminent domain is an inherent power of the state and redelegations of that power to private parties are invalid. Here, the Seattle Monorail Project agreed to assign its rights in an uncompleted condemnation proceeding to a private party. Because the Seattle Monorail Project did not have the power to make such an assignment, and because the Seattle Monorail Project’s actions evidenced its intent to abandon the condemnation proceedings, we affirm the trial court on this issue.
Opinion posted here, Professor Kanner’s thoughts here.