An Overlooked Legal Ruling Could Bring the A’s Back to Oakland скачать в хорошем качестве

An Overlooked Legal Ruling Could Bring the A’s Back to Oakland

Like us on Facebook:   / touchbackthe   Follow on X:   / touchbackthe   John Zasloff on the A’s and Eminent Domain: https://thehill.com/opinion/judiciary... Believe it or not, Oakland isn’t out of the fight when it comes to the A’s or Major League Baseball. A card remains to be played, and it is actually quite interesting. Eminent domain. In California, the government has the right to assume control of private property for public use, as long as the owner is provided fair compensation. There is even some rather notable historical precedent here. In the 1980s, the California Supreme Court ruled that the state’s eminent domain statute authorized the taking of intangible property, such as a professional sports franchise, as well as physical property. We know this because the lawsuit in question involved a pro sports team and an East Bay municipality…I’m referring to City of Oakland v. Oakland Raiders. Now, you’re probably saying to yourself, " But the NFL didn’t return to Oakland in the 1980s, so that means there is no legal precedent. Both things can be true. After the California Supreme Court ruling, the case was referred back to a lower court, which then found that using eminent domain to take possession of a National Football League franchise would violate the interstate commerce clause of the United States Constitution. That is important in relation to the Oakland Athletics. You see, Major League Baseball has an anti-trust exemption, an anti-trust exemption that exists solely on the fact that it does not practice interstate commerce. The ruling, which prevented the city of Oakland from winning its eminent domain lawsuit against the Raiders in the 1980s, is not applicable in the case of the A’s. MLB isn’t involved in interstate commerce. They are, in theory, subject to seizure through eminent domain. About The Touchback #takeitouttothe25 The Touchback is the world's best sports and culture website…or something like that. You'll either really like it or really hate it. But it's worth reading either way.