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ument was the need to create distension between the term “public use” and use of the public. He argued that there is a difference between a takings for “public use” used to create instrumental means of commerce such as railroads and a takings for “public use” that improve the general welfare by proxy i.e. private development that may generate jobs and tax revenue. He argues that revenue is the reason the decision to uphold the takings could have detrimental effects. Since poorer neighborhoods do not produce as much revenue as a new development could this could create bad precedence for future eminent domain cases arguing in the name of improved revenue under a takings. The main point of Bullock's argument is the effect a broad interpretation of eminent domain would have on poorer neighborhoods.

Religion & Eminent Domain

In an attempt to create a means to protect citizens from laws that create a burden on a person's right to free exercise of religion the Religious Freedom Restoration Act, also known as RFRA, was introduce to Congress. The purpose of the bill was to examine a presented law under the strict scrutiny test to determine whether or not it violated the First Amendment right to free exercise of religion. The strict scrutiny test is a judicial review standard that examines a federal law under three elements. 1.) Is there is a compelling state interest? 2.) Is the law narrowly tailored? 3.) Is the law the least restrictive means to achieve its interest? The bill was passed but ultimately the Religious Freedom Restoration Act failed because it violated the Congress' power to reinforce found within the Fourteenth Amendment. The conflict that developed was between religious practices that violated already established law, such as the Native America religious use of peyote, and the Religious Freedom Restoration Act itself.

Although the Religious Freedom Restoration Act was overturned it was replaced with the Religious Land Use and Institutionalized Persons Act. The bill is similar to the Religious Freedom Restoration Act in that it exists to protect individuals from laws that create a burden on a person's right to free exercise. The two acts differ in that the Religious Land Use and Institutionalized Persons Act in aimed specifically towards the use of land concerning religious institutions and organizations and the religious practices of prison inmates. The Religious Land Use and Institutionalized Persons Act is surviving longer than the Religious Freedom Act because it is tailored towards specific religious aspects and not on religion as a whole.

In terms of eminent domain the Religious Land Use and Institutionalized Persons Act does not protect religious institutions from a takings. The act only protects religious land in the context of its use and the context of religious practices in prison. Specifically the use of the land under the act only identifies issues regarding zoning and land-marking laws that create a burden on the free exercise of religion. Based on the given argument of the article in Seton Hall Law Review, “Limiting the Scope of the Religious Land Use and Institutionalized Persons Act: Why RLUIPA Should Not Be Amended to Regulate Eminent Domain Actions Against Religious Property”, it is suggested that guidelines of the RLUIPA do not protect individuals from enacting its eminent domain power.

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