Maybe a Mall Isn't a Public Use

Jacob Sullum | September 14, 2005

In some good news on the eminent domain front, an Arizona judge has rejected a plan to seize land in Tempe for a shopping mall. "The anticipated private purposes and benefits outweigh any public benefit or purpose," said Maricopa County Superior Court Judge Kenneth Fields in a ruling released yesterday. "Profit, not public improvement, is the motivating force for this redevelopment."