City’s potential use of eminent domain would be misuse
“The city is currently threatening to use its eminent domain power in the Sears vs. Walton Holdings LLC at Foothills Fashion Mall. This is not what eminent domain is for. Its purpose should be for the public benefit, such as public highways/schools, etc. — not for the benefit of any particular individual, such as Walton Holdings.
Apparently, getting rid of “low-end” retailers like Sears and replacing them with upscale stores will result in more sales tax to city coffers. That benefit seems to override everything, including private property rights.”
Tucker, Tom. The Coloradoan 9 January 2013.