In 1985, two cities were in proceedings to each take over a sports franchises located within their respective cities. However, a number of constitutional limitations may prevent a city from taking sports franchises. This Note examines the constitutional public use, just compensation,right to travel and commerce clause limitations as applied to the taking of sports franchises by eminent domain. This Note concludes that eminent domain is an improper method of protecting cities' interests in preventing the relocation of sports franchises. Consequently, it suggests that only carefully drawn federal legislation can protect a city's interest in keeping its sports franchises without subjecting franchises to nonuniform and discriminatory treatment.
Thomas W. E. Joyce, III,
THE CONSTITUTIONALITY OF TAKING A SPORTS FRANCHISE BY EMINENT DOMAIN AND THE NEED FOR FEDERAL LEGISLATION TO RESTRICT FRANCHISE RELOCATION,
13 Fordham Urb. L.J. 553
Available at: http://ir.lawnet.fordham.edu/ulj/vol13/iss3/4