I saw an ad for the U.S. Marines and noticed that their website is www.marines.com. I wonder if the government can extend its eminent domain power to websites as well as private property. Suppose that someone bought the domain www.marines.com before the U.S. government got to it, could it take that name if it paid just compensation?
Given the broad meaning of "public use" that was applied in Kelo v. New London, I wouldn't be surprised if it could be argued that a website can be taken for public use. Anyone know if eminent domain has expanded to include internet use as well?
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Based on absolutely nothing, I would say a much better case would be made on a trademark basis (arguing that your website might cause confusion and/or is clearly intended to profit off that confusion). I think I've seen cases based off this (I think WhiteHouse.com was one of the more famous examples) and the court usually issues an injunction forcing the sale, instead of using eminent domain.
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