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Posted: February 17th, 2022
10th Justice; Takings Clause
As you discovered this week, the federal government can enact the idea of eminent area and “take” non-public property as long as it’s for the “public use” and the proprietor is justly compensated. This idea is hotly contested and infrequently leads to a conflict between property homeowners and the federal government. Builders and companies typically just like the idea of eminent area and actually try and stretch the time period “public use” with a purpose to increase enterprise. In 2005 the Supreme Court docket of the US (SCOTUS) determined in Kelo v. New London by a slim margin of 5-4 that metropolis’s taking of personal property to promote for personal growth certified as a “public use” inside the which means of the takings clause.
In your assignment this week please clarify why the courtroom received this appropriate AND clarify why the courtroom was unsuitable. Lastly, should you have been the 10th justice how would you vote and why?
This hyperlink ought to offer you particulars on the case: https://www.oyez.org/instances/2004/04-108
Click on on the left hand aspect beneath “Opinions” for full particulars.
Your paper must be 400-500 phrases.
View your assignment rubric.
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