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Reason
Reason
Ilya Somin

Wisconsin Supreme Court Rules Sidewalks are not "Pedestrian Ways"—thus Allowing Local Governments to Use Eminent Domain to Take Property to Build Them

NYC Department of Transportation
(NYC Department of Transportation)

Courts sometimes adopt highly counterintuitive interpretations of words. In 2022, a California court notoriously ruled that bees qualify as fish. Today, in Sojenhomer v. Village of Egg Harbor, the Supreme Court of Wisconsin ruled that a sidewalk is not a "pedestrian way." They thereby enabled local governments to use eminent domain to condemn property to build sidewalks, despite a state law forbidding the use of eminent domain to take property for "pedestrian way[s]." The close 4-3 decision might become a staple of law school textbooks.

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