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15 Sports Law. J. 173 (2008)
For the Public's Use - Eminent Domain in Stadium Construction

handle is hein.journals/sportlj15 and id is 175 raw text is: For the Public's Use? Eminent Domain in Stadium Construction Tyson E. Hubbard* 1. INTRODUCTION ................................................................................ 173 II. THE PUBLIC USE THAT STADIUMS PROVIDE IS ONE OF ECONOMIc DEVELOPMENT .............................................................. 175 II. IN THE ALTERNATIVE, THE PUBLIC USE THAT STADIUMS PROVIDE IS ONE OF RECREATION ..................................................... 182 IV LAND ACQUISITION FOR THE WASHINGTON NATIONALS ................. 185 V C ONCLUSION .................................................................................... 192 I. INTRODUCTION Over the last fifteen years, the nation has witnessed a record boom in sports stadium construction. Stadiums from the highest professional level, through the minor leagues, and to college facilities have all been upgraded in an aggressive way. From 1995 to 2003, nearly $16 billion was spent on professional stadiums and at least 160 new stadiums, arenas, and racetracks were opened in North America.' For professional stadiums, the construction was generally accompanied by a threat by the team to relocate to another geographic area. By threatening to move, the owners were hoping to extract public support for the construction of a new stadium that they anticipated would boost attendance and bring other financial gains. One of the primary ways municipalities support the construction of new facilities and appease demanding owners is through eminent domain. With an eminent domain taking, a team can be located in the downtown area of a city where it can hope to experience the most exposure to potential fans and the media. Without the use of eminent domain, there would be virtually no way that a stadium, given its size and local impact, would be able to acquire the land necessary for construction * © 2007 Tyson E. Hubbard. J.D. candidate 2009, Syracuse University College of Law. Mr. Hubbard also has an advanced certificate in Sports Management from New York University (2005) and a Bachelor of Arts in History (2004) from Harvard University. He would like to thank Terry L. Turnipseed, Assistant Professor of Law at Syracuse University, for all his guidance throughout the process of writing this Article. 1. DENNIS R. HowARD & JOHN L. CROMPTON, FINANCING SPORT 5 (2d ed. 2004).

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