Keeping Public Use Relevant in Stadium Eminent Domain Takings: The Massachusetts Way
“As the sports industry has grown into a multi-billion dollar enterprise, cities have increasingly faced the decision of whether to fund expensive stadium projects to attract or keep franchises. These projects commonly include using public funds and the government’s eminent domain power under the Public-Use Clause of the Fifth Amendment. Unlike traditional public uses such as infrastructure and utilities, multi-purpose stadiums present a unique challenge for courts. The Second Circuit in Goldstein v. Pataki handled the public-use analysis by allowing any amount of traditional public-use justification to shield a stadium project from pretext challenges. This Note argues that by broadening the public-use analysis, the Goldstein court effectively foreclosed any feasible pretext claim against a stadium project, which always has a traditional public-use justification. It proposes that in general, the Massachusetts legislature’s approach to public-use analysis for stadium construction provides a strong starting point in protecting public use from improper private benefits. “
Chen, Steven. Boston College of Environmental Affairs Law Review Vol 40 Issue 2 2013.