CA4 Puts The Cart Before The Horse: Private Entity Doesn’t Have The Power Of Eminent Domain, But It Is Likely To Get It If Only Those Pesky Owners Were Stopped From Exercising Their Right To Exclude

We all know that generally, the power of eminent domain includes the authority to enter private property before instituting a condemnation action to take a look to see that the property is suitable for the public use to which the condemning agency intends to put it. Some places the power is expressly acknowledged by statute, in other places it is more an implied part of the power to take. "…