Momma Cass lived all her eighty years in a home nestled to a pine grove within f

Question

Momma Cass lived all her eighty years in a home nestled to a pine grove within fifty feet of a lake and included within the city limits of Elliott Township. The Cass home was in need of repairs, as were a number of homes in neighborhood. The city of Elliott wishes to exercise its eminent domain powers to purchase the Cass home and ones in the neighborhood. The homes would be razed and a new shopping center would be built next to the lake. Is this a proper use of eminent domain powers? How does the Constitution protect the interests of Momma Cass, if at all?

Explanation / Answer

The first requirement for use of the power of Eminent domain is that the acquired land must be put to public use. In case of the land is targeted for a truly public project like a highway , park or airport i.e projects that meet the traditional economic definition of a public good - the use of eminent domain is not controversial . It is when the land is to be used as part of a large private project , for example in the case of urban renewal , that is raises questions.

In the case of city of Elliott , the use of eminent domain does raise questions because the acquired land is meant for a new shopping center which is a private project . Even though the project benefits public in the form of job creation , enhanced taxes , or the revitalization of an urban area , the transfer of land from one private party to another renders the public use argument meaningless .

The constitution protects the interests of Momma cass by declaring that Government may compel an individual to forefit property for public use , but not for the benefit of another person . This requirement promotes fairness as well as security .

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