Eminent domain is a hotly contested topic in the United States.
Eminent domain is a hotly contested topic in the United States. Typically, opponents see it as an unjust taking by the government, and supporters state it is needed to serve the public interest. This week, research a recent example of Eminent Domain cases or issues, and discuss the merits and implications.
Additionally, border walls and the construction of such walls is a highly polarized issue right now. Regardless of its merit, the topic does bring up an interesting legal question when using eminent domain. Discuss if you believe, based on the law, using eminent domain is allowable for the construction of border walls.
Lastly, have you or anyone in your family ever experienced an eminent domain taking at the local, state or federal level? If so, what was the outcome?
Business Law I – Week 4 Assignment
10th Justice; Takings Clause
As you learned this week, the ccan enact the concept of eminent domain and “take” private property so long as it is for the “public use” and the owner is justly compensated. This concept is hotly contested and often results in a clash between property owners and the government. Developers and businesses generally like the concept of eminent domain and really attempt to stretch the term “public use” in order to expand business. In 2005 the Supreme Court of the United States (SCOTUS) decided in Kelo v. New London by a narrow margin of 5-4 that city’s taking of private property to sell for private development qualified as a “public use” within the meaning of the takings clause.
In your assignment this week please explain why the court got this correct AND explain why the court was wrong. Lastly, if you were the 10th justice how would you vote and why?
This link should provide you with details on the case: https://www.oyez.org/cases/2004/04-108
Click on the left hand side under “Opinions” for full details.
Your paper should be 400-500 words.
Answer preview to Eminent domain is a hotly contested topic in the United States.
Get instant access to the full solution from yourhomeworksolutions by clicking the purchase button below