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The problem with the by-the-ballot approach is that, if voters had reasonably considered that acts of eminent domain might be or would be pursued to complete the project, there is at least some reasonable likelihood that it would not have received enough votes for its funding.

It’s speculative, of course, but “well they voted for it” is not necessarily cause for “well we’ll force out landowners with a fair market value price”. These are often someone’s homes — places for families, their memories, and their sense of pride and security — for which fair market value does not fully appreciate.




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