Yes, if the procedural and due process requirements of the Eminent Domain Procedure Law are complied with, a church or synagogue’s land may be taken by eminent domain.

Religious organizations often allege that they are protected by the Religious Land Use and Institutionalized Persons Act (42 U.S.C. §2000cc et seq.). However, the Act only applies to a zoning and landmarking law. Case law provides that a government’s exercise of eminent domain does not constitute an application of a zoning law. See St. John’s United Church of Christ v. City of Chicago, 503 F.3d 616 (7th Cir. 2007). St. John’s held that RLUIPA, by its own terms, does not apply to eminent domain proceedings.

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