So the families sued New York State to block the state’s taking of their land. Did I mention the Joneses and Schermerhorns were white? They were white. And since they were white, all of the stuff I said earlier about the foundational principles of state sovereignty that eminent domain rest on, all of the stuff I said about how, legally speaking, the concept of eminent domain is so ingrained into the very conception of property that you scarcely need constitutional language acknowledging it, all of that stuff comes with the caveat of unless you are wealthy and white.

