Tuesday, July 23, 2019
Eminent Domain Case Study Example | Topics and Well Written Essays - 250 words - 30
Eminent Domain - Case Study Example The city plan did not violate the constitutional taking clause. The takings clause protects the private property from conversion by the state for public use without just compensation. The plan was engineered to boost the low economy by providing jobs to the unemployed and increase the tax receipts that would eventually see the city's economy stabilize. This step is beneficial to the public both directly and indirectly and a legitimate public use of the justly acquired land. The economic benefits, on the other hand, appear to be secondary and incidental as brought forth by the dissenting judge. The developers seem to be the primary beneficiary of the acquisition and there is no surety that unemployment will be curbed and hence have the public benefit. All in all, the entire takings clause is objected towards just compensation of the private landowners where the government acquires such land for public use. From the foregoing, the land was put into public use that is faced as economic development having compensated the owners justly. It thus follows that the takings clause was not violated.
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