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10th Justice; Takings Clause

10th Justice; Takings Clause

As you learned this week, the government can 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.

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