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Religion & Law

: Constitutionally Correct

RLUIPA and Eminent Domain: How a Plain Reading of a Flawed Statute Creates an Absurd Result

By Alliance Alert

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Texas Review of Law & Politics: "This article addresses the Religious Land Use and Institutionalized Persons Act of 2000. It argues that while the courts hearing RLUIPA cases have correctly held that eminent domain is not land use regulation under RLUIPA, Congress intended eminent domain to be covered under RLUIPA, sound public policy holds that sacred property ought to be afforded special protection from burdensome government action, and Congress must cover eminent domain under RLUIPA in order to adequately protect religious liberty in the land use context."

Full post as published by Constitutionally Correct on April 06, 2009 (boomark / email).

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