Pop quiz: Quick! Name the races in the Triple Crown of horse racing... There's the Kentucky Derby (check) ... the Belmont Stakes (check) ... and ... oh yeah, the Preakness Stakes. We always almost forget that last one.
But the City of Baltimore sure hasn't. Because the home city of Pimlico racetrack and the aforementioned Preakness Stakes has sued the owner of the race and track in eminent domain, to take the race so it doesn't leave town like the Colts did when they bolted for Indianapolis literally in the middle of the night. Fool me twice, says Baltimore ... shame on me!
Read that again. Baltimore is trying to condemn a horse race. A freaking horse race. (Before we posted this, we checked our calendar to make sure it wasn't April 1. Suspected we were getting pranked. Nope. Then we checked with news sources. Found a bunch. Like this, and this, and this, and this, and this. Guess it's legit.)
And here it is in all its glory: the Complaint. We urge you to read it. It's short, and to the point. You may even get a laugh or two.
Seems like the Preakness is thinking of moving to greener pastures (still in Maryland, just slightly south of its current location, but outside of Baltimore). And the first four causes of action allege that it would violate Maryland law for the race owners to do that.
The final two claims are what you might call Plan B; in the event those first four claims don't work, the city is taking both the race track, and the race itself. Here's the property descriptions: "5201 Park Heights Avenue, in Baltimore City, State of Maryland," and "the Preakness Stakes trophy that is known as the Woodlawn Vase, including any and all property or property rights associated with it, whether tangible, intangible, real, personal, or mixed, and any business entity that owns it."
In relation to that last bit, Baltimore is also taking "the name, common law and statutory copyrights, service marks, trademarks, trade names, contracts, horse racing events, and other intangible intellectual property that are associated with the Preakness stakes and the Woodlawn Vase," as well as the Maryland Jockey Club's stuff.
In case you were wondering what public use or purpose that Baltimore intends to put the condemned property to: "These properties will be used to continue their historic role in the cultural traditions of Baltimore City, to foster employment and economic development in Baltimore, and in particular in the Park Heights Urban Renewal jurisdiction, as well as to protect the health and safety of the people attending the Preakness and other Pimlico events, as well as the employees and horses working there." Can't forget to protect those working horses.
So is this a public use under Maryland eminent domain law? Does Maryland law allow the taking of intellectual property as well as real and personal property? Is taking a business and operating it yourself count? We're not sure. But this does seem to stretch the rational basis test to its outer limits.
And no matter what the courts of Maryland eventually say about this, to us this is about as stupid a use of the power of eminent domain as we can possibly imagine. Stick to condemning for highways, redevelopment, and to keep TV shows in town, guys.
And in case you think we're not being legal enough in this post, here's the case we think is going to be pretty darn relevant to how the Preakness taking is treated.
Complaint for Declaratory, and Injunctive Relief, Petition for Condemnation, Mayor and City Council of Balt...