Preventing House of Cards Departure Might Not Be Legal

Legislative life mimicked legislative fiction last week when Del. Bill Frick successfully introduced an unforeseen amendment to the budget that stipulates the state could seize the property of “House of Cards” if its producers abandon the state, as they have threatened.

Frick freely admits that the measure to use eminent domain was a stunt, and unlikely to survive negotiations with the Senate.

But there’s a question if the use of this power is even legal.

Traditionally the government applies eminent domain, per the Fifth Amendment of the U.S. Constitution, only in cases of “public use” — when the state officials want to construct a new school or highway, they can seize private property and reimburse its owner at fair market price.
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