Brief Argues That RLUIPA Covers Seizure of Church Land

May 23, 2006

On May 22, 2006, the Becket Fund filed an amicus curiae brief before the Second Circuit Court of Appeals in Faith Temple Church v. Town of Brighton, arguing that the land use provisions of RLUIPA cover the government's use of eminent domain to seize houses of worship and other religious land uses. 

The brief explains that local officials commonly use eminent domain as a means to "implement" its zoning and landmarking laws.  Accordingly, if RLUIPA is read not to cover eminent domain, "it will further encourage local governments to declare open season on the taking of religious property of all kinds."

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