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Thursday, April 09, 2009
Colts Redux? Can the Preakness be Seized?

Many remember the ill-fated attempt in the mid-1980s by the city of Baltimore to utilize eminent domain to seize the Colts under a law passed by the Maryland Legislature. Colts' then-owner Robert Irsay moved the team in the dead of night to take a deal offered by Indianapolis. In an eerie echo of this, the Governor of Maryland is seeking legislature to seize the Preakness, the second jewel of horse racing's triple crown. An excellent blog by the Wall Street Journal's law blog outlines the difficulties of the case in detail and links to a number of newspaper articles giving background on this dispute.

The issue is not a relocation. Rather, it is the effect of a bankruptcy filing by the race's owner, Magna Entertainment Corp. and potential of a sale of its assets, including the race track and the intangible property of the race itself. Assuming that the legislation is passed and eminent domain is utilized, the question is what effect the action would have in the Chapter 11 filing in the bankruptcy court. That is a more complicated matter than the attempt to seize the Colts as pre-emption issues could be paramount (assuming that the seizure is constitutional).


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Blogger Houston -- 4/10/2009 4:22 AM  

Here is what I do not understand...

If the legislature grabs The Preakness but not Laurel Racecourse or Pimlico Racecourse too, then where might they propose to run the race?

One of the bidders at the moment for both racetracks does not want to own the tracks; he wants to tear them down and develop the land.

So, if the State owns the Preakess race but there are no tracks in the state (please don't suggest Timonium; not a single owner/trainer of a Triple Crown quality horse would allow their steed to race on that cobblestone track), where would they hold The Preakness?

Oh, by the way, the idea that the State of Maryland could run a pair of racetracks efficiently and effectively is simply preposterous...

Anonymous The Sports Curmudgeon -- 4/10/2009 5:49 PM  

The Preakness is in danger of being moved to Texas, although I cannot remember the name of the track.

Blogger Wheell -- 4/11/2009 12:44 PM  

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Anonymous 大阪 デリヘル -- 8/26/2009 5:32 AM  

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