joshblasko01
contestada

Identify whether each acquisition is allowable under eminent domain.
the local government wants to purchase the connolly families farmland in order to build a car showroom
the state government plans to purchase a local school building to build a radio tower
the federal government plans to take over mr.cooper's unused plot of land without any compensation to build a stadium
the state government plans to purchase a few occupied houses on behalf of a multinational corporation that wants to turn the land into a public park

Respuesta :

emilyadalex

In the United States, Eminent Domain is the power of the federal government or the state governments to acquire private property in order to convert it into public use. To do this, the government first has to pay the landowner just compensation for his or her property.

Based on this concept, we can conclude the following about the statements:

  • Statement 1 is not allowable under Eminent Domain because a car showroom is not something meant to public use.
  • Statement 2 is allowable because a radio tower would benefit society in general by providing antennas for telecommunications and broadcasting.
  • Statement 3 is not allowable because it violates the landowner's right to receive just compensation for their property as protected under the Fifth Amendment to the Constitution.  
  • Statement 4 is allowable as the government's intention is to build a park that would benefit people.

Eminent domain is stated under the fifth Amendment where power rest in the hands of the government to acquire private property so that it could be utilized for public purpose.

Identification of an eminent domain

1. It is not allowed as this purchase would not benefit society as a whole and the showroom is not for public use.

2. It is allowed as a radio tower would benefit society by using its antenna for improving communication purposes.

3. It is not allowed as eminent domain requires the government to pay compensation to private property owners in exchange for acquisition.

4. It is allowed as the government may even take property without the owner's consent as the park would benefit the public welfare.  

Learn more about eminent domain here;

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