Chapter 22. Problem 3BCP0 Bookmark Show all steps: ON Problem Eminent Domain. Some
Catholic organizations proposed to build a private independent middle school in a run-down
neighborhood in Philadelphia, Pennsylvania. They asked the Redevelopment Authority of the
City of Philadeliphia to acquire specific land for the project and sell it to them for a nominal
price. The land indluded a house on North Eighth Street owned by Mary Smith, whose daughter
Veronica lived there with her family. The Authority offered Smith $12,000 for the house and
initiated a taking of the property. Smith filed a suit in state court against the Authority, admitting
that the house was a \"substanbard structure in a blighted area,\" but arguing that the taking was
unconstitutional because its beneficiary was private. The Authority asserted that only the public
purpose of the taking should be considered, not the status of the property\'s developer. On what
basis can a government entity use the power of eminent domain to take property? What are the
limits to this power? How should the court rule? Why? (See Limitations on Property Rights.)
Step-by-step solutiorn
Solution
The theory of eminent domain refers to the right of the government to take land for the publc
from the private owners of the land in lieu of the compensation. Governmnet entity can take
private property if they have valid reasons that the acquistion would give chance to the
community to upflit and prosper. As held in Kelo Vs City of New London, the government can
seize private land in blightened community for a private company to develop the land into
commercial area. It was argued that this wll help in making the area and the land in generating
revenue and jobs for the community. The limitation here is that the acquistion should not result
in benifit to the particular religion or the particular person. It should benifit comminity as a
whole.
Here, the court shall rule in favour of the school as although it will be religious school for the
one religion, but since proper compensation was paid and community as a whole will get
benifitted, they can allow the acquisition of land..
Chapter 22. Problem 3BCP0 Bookmark Show all steps ON Problem Eminent.pdf
1. Chapter 22. Problem 3BCP0 Bookmark Show all steps: ON Problem Eminent Domain. Some
Catholic organizations proposed to build a private independent middle school in a run-down
neighborhood in Philadelphia, Pennsylvania. They asked the Redevelopment Authority of the
City of Philadeliphia to acquire specific land for the project and sell it to them for a nominal
price. The land indluded a house on North Eighth Street owned by Mary Smith, whose daughter
Veronica lived there with her family. The Authority offered Smith $12,000 for the house and
initiated a taking of the property. Smith filed a suit in state court against the Authority, admitting
that the house was a "substanbard structure in a blighted area," but arguing that the taking was
unconstitutional because its beneficiary was private. The Authority asserted that only the public
purpose of the taking should be considered, not the status of the property's developer. On what
basis can a government entity use the power of eminent domain to take property? What are the
limits to this power? How should the court rule? Why? (See Limitations on Property Rights.)
Step-by-step solutiorn
Solution
The theory of eminent domain refers to the right of the government to take land for the publc
from the private owners of the land in lieu of the compensation. Governmnet entity can take
private property if they have valid reasons that the acquistion would give chance to the
community to upflit and prosper. As held in Kelo Vs City of New London, the government can
seize private land in blightened community for a private company to develop the land into
commercial area. It was argued that this wll help in making the area and the land in generating
revenue and jobs for the community. The limitation here is that the acquistion should not result
in benifit to the particular religion or the particular person. It should benifit comminity as a
whole.
Here, the court shall rule in favour of the school as although it will be religious school for the
one religion, but since proper compensation was paid and community as a whole will get
benifitted, they can allow the acquisition of land.
