Chris Burchfield Unit 5 Case Study

Chris Burchfield Unit 5 Case Study - claiming the city was...

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ABSTRACT The Takings Clause prohibits one state from taking private property for public use without just compensation. Under the Takings Clause, the government maintains the right to seize property regardless of whether the owner is willing to sale their property at that time as long as they are compensated. Although property owners have the right to oppose the government’s projects and offer property owners the right to a hearing, the end result is still in the hands of the government (523). KELO V. CITY OF NEW LONDON, CONNECTICUT Eminent domain is the government’s power to seize private property for public use. In the case of Kelo V. the City of New London Connecticut, the city was declining rapidly with unemployment rates rising and population decreasing. State officials targeted a section of the city for a project intended to revamp the city. The city’s project included the purchase of 15 properties, of which 9 of the owner’s refused to sell. After the property owner’s filed a suit
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Unformatted text preview: claiming the city was attempting to take the land for private use, the case reached the US Supreme Court. The Supreme Court ruled in favor of the City of New London claiming the Takings Clause was not violated and the plan was constitutional. The Supreme Court’s ruling in this case was just and fair. The City of New London’s project was intended to be used to bring a dying city back to life by creating new jobs and increasing the city’s revenue. Since the Takings Clause allows the government to seize the property of the owners as long as compensation is made, the property owner’s do not have much leverage in this case. The City of New London’s plan included a waterfront conference hotel and stores which would be deemed as public use of the property. (524) References: Beatty, J. F., Samuelson, S. S., & Bredeson, D. A. (2013). Introduction to Business Law (4th ed.). Mason, OH: South-Western Cengage Learning....
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