If this goal is legitimate at all, the recognition of nonfungibility suggests, it provides far less reason for the compulsory purchase of nonfungible property than for that of fungible property.
It seems fairly clear that interests in pieces of identity-constitutive property are nonfungible.
But this interest itself provides no reason for regarding the property as nonfungible.
And even if it is nonfungible, the purposes for which it is held may not be ones the law should endorse.
But this will not necessarily render it nonfungible.
