SlideShare a Scribd company logo
1 of 2
2. The Takings Clause of the Fifth Amendment to the
Constitution allows government to take privately owned
property if that property is being taken for a public purpose and
if the private owner of the property is paid a fair price for the
property taken. Questions have arisen under this provision about
what a public purpose is and what a fair price is. One of the
strangest questions that has arisen under this provision was
about whether there was a taking at all. In
Lucas v. South Carolina Coastal Council
, Lucas owned a lot at the beach and intended to build a house
on that lot. Before he could build that house, the South Carolina
passed a law that prohibited building houses at the beach within
a certain number of feet from the water. This "setback" from the
water meant that there was no room left on Mr. Lucas's lot for
him to build a house, so he sued the state for rendering his lot
useless for his purpose and, therefore, taking his property. The
case was eventually presented to the U.S. Supreme Court, which
decided that South Carolina had taken Mr. Lucas's property and,
therefore, had to pay him the value of the lot.
Do you think the outcome of the case was fair? Do you think
this was the kind of situation that was contemplated when the
Takings Clause of the Fifth Amendment was written?
3. Serrano was accused of murdering someone in South Florida,
but he claimed to have been in Atlanta, Georgia, at the time of
the murder. There was a surveillance video from a hotel in
Atlanta that showed Serrano at the hotel several hours before
the murder occurred and several hours after the murder
occurred, but prosecutors contended that after Serrano first
appeared in the video, he drove to the airport in Atlanta, flew to
south Florida, committed the murder, flew back to Atlanta, and
drove back to the hotel where he appeared in the video the
second time.
Serrano's lawyer, Mason, gave a television interview about the
case in which he ridiculed the prosecutors' theory about how
Serrano was able to commit the murder, and he said during an
interview that it was simply impossible to do what prosecutors
said Serrano did in the time that was available, and if anyone
could prove that what prosecutors said Serrano did in the time
that was available to be possible, he said he would pay them a
million dollars.
Several months later, a man named Kolodziej proved that
Serrano could have done what prosecutors said he did in the
time available and demanded that Mason pay him a million
dollars. Mason refused, and Kolodziej sued Mason for the
million dollars.
The case turned on the question of whether Mason's statement
was an offer that Kolodziej could accept. What do you think?
Did Mason make a valid offer that Kolodziej could accept?
Why, or why not? If there was a valid offer and a valid
acceptance of the offer, what kind of contract was created?
Only 200 words per DB, do not need a reference. Please keep #

More Related Content

More from standfordabbot

Discuss the evolution of law enforcement in terms of forensic scienc.docx
Discuss the evolution of law enforcement in terms of forensic scienc.docxDiscuss the evolution of law enforcement in terms of forensic scienc.docx
Discuss the evolution of law enforcement in terms of forensic scienc.docxstandfordabbot
 
Discuss the ethics of medianews reporting matters of national.docx
Discuss the ethics of medianews reporting matters of national.docxDiscuss the ethics of medianews reporting matters of national.docx
Discuss the ethics of medianews reporting matters of national.docxstandfordabbot
 
Discuss the ethics of using unconscious nudges to alter peoples beh.docx
Discuss the ethics of using unconscious nudges to alter peoples beh.docxDiscuss the ethics of using unconscious nudges to alter peoples beh.docx
Discuss the ethics of using unconscious nudges to alter peoples beh.docxstandfordabbot
 
Discuss the ethical implications of a leaders role in the socia.docx
Discuss the ethical implications of a leaders role in the socia.docxDiscuss the ethical implications of a leaders role in the socia.docx
Discuss the ethical implications of a leaders role in the socia.docxstandfordabbot
 
discuss the differences between Virtualization and Cloud Computi.docx
discuss the differences between Virtualization and Cloud Computi.docxdiscuss the differences between Virtualization and Cloud Computi.docx
discuss the differences between Virtualization and Cloud Computi.docxstandfordabbot
 
Discuss the differences between substantive law, procedural law,.docx
Discuss the differences between substantive law, procedural law,.docxDiscuss the differences between substantive law, procedural law,.docx
Discuss the differences between substantive law, procedural law,.docxstandfordabbot
 
Discuss the differences between the three major approaches surroundi.docx
Discuss the differences between the three major approaches surroundi.docxDiscuss the differences between the three major approaches surroundi.docx
Discuss the differences between the three major approaches surroundi.docxstandfordabbot
 
Discuss the differences between Unitary and confederal systems of go.docx
Discuss the differences between Unitary and confederal systems of go.docxDiscuss the differences between Unitary and confederal systems of go.docx
Discuss the differences between Unitary and confederal systems of go.docxstandfordabbot
 
Discuss the differences between the systems development life c.docx
Discuss the differences between the systems development life c.docxDiscuss the differences between the systems development life c.docx
Discuss the differences between the systems development life c.docxstandfordabbot
 
Discuss the differences between substantive law, procedural law, c.docx
Discuss the differences between substantive law, procedural law, c.docxDiscuss the differences between substantive law, procedural law, c.docx
Discuss the differences between substantive law, procedural law, c.docxstandfordabbot
 
Discuss the differences between communism socialism and capitalism.docx
Discuss the differences between communism socialism and capitalism.docxDiscuss the differences between communism socialism and capitalism.docx
Discuss the differences between communism socialism and capitalism.docxstandfordabbot
 
Discuss the differences between civil and criminal courts. Is the li.docx
Discuss the differences between civil and criminal courts. Is the li.docxDiscuss the differences between civil and criminal courts. Is the li.docx
Discuss the differences between civil and criminal courts. Is the li.docxstandfordabbot
 
Discuss the difference between normative economic analysis and posit.docx
Discuss the difference between normative economic analysis and posit.docxDiscuss the difference between normative economic analysis and posit.docx
Discuss the difference between normative economic analysis and posit.docxstandfordabbot
 
Discuss the difference between external and internal evidence as it .docx
Discuss the difference between external and internal evidence as it .docxDiscuss the difference between external and internal evidence as it .docx
Discuss the difference between external and internal evidence as it .docxstandfordabbot
 
Discuss the difference between an income tax expense and an in.docx
Discuss the difference between an income tax expense and an in.docxDiscuss the difference between an income tax expense and an in.docx
Discuss the difference between an income tax expense and an in.docxstandfordabbot
 
Discuss the development of political and social structures that prod.docx
Discuss the development of political and social structures that prod.docxDiscuss the development of political and social structures that prod.docx
Discuss the development of political and social structures that prod.docxstandfordabbot
 
Discuss the development of coronary artery disease (CAD) and the lin.docx
Discuss the development of coronary artery disease (CAD) and the lin.docxDiscuss the development of coronary artery disease (CAD) and the lin.docx
Discuss the development of coronary artery disease (CAD) and the lin.docxstandfordabbot
 
Discuss the data visualization in the attached file below (Data Visu.docx
Discuss the data visualization in the attached file below (Data Visu.docxDiscuss the data visualization in the attached file below (Data Visu.docx
Discuss the data visualization in the attached file below (Data Visu.docxstandfordabbot
 
Discuss the data set and the following topics.How effective .docx
Discuss the data set and the following topics.How effective .docxDiscuss the data set and the following topics.How effective .docx
Discuss the data set and the following topics.How effective .docxstandfordabbot
 
Discuss the case study of Ciba-Geigy p.docx
Discuss the case study of Ciba-Geigy p.docxDiscuss the case study of Ciba-Geigy p.docx
Discuss the case study of Ciba-Geigy p.docxstandfordabbot
 

More from standfordabbot (20)

Discuss the evolution of law enforcement in terms of forensic scienc.docx
Discuss the evolution of law enforcement in terms of forensic scienc.docxDiscuss the evolution of law enforcement in terms of forensic scienc.docx
Discuss the evolution of law enforcement in terms of forensic scienc.docx
 
Discuss the ethics of medianews reporting matters of national.docx
Discuss the ethics of medianews reporting matters of national.docxDiscuss the ethics of medianews reporting matters of national.docx
Discuss the ethics of medianews reporting matters of national.docx
 
Discuss the ethics of using unconscious nudges to alter peoples beh.docx
Discuss the ethics of using unconscious nudges to alter peoples beh.docxDiscuss the ethics of using unconscious nudges to alter peoples beh.docx
Discuss the ethics of using unconscious nudges to alter peoples beh.docx
 
Discuss the ethical implications of a leaders role in the socia.docx
Discuss the ethical implications of a leaders role in the socia.docxDiscuss the ethical implications of a leaders role in the socia.docx
Discuss the ethical implications of a leaders role in the socia.docx
 
discuss the differences between Virtualization and Cloud Computi.docx
discuss the differences between Virtualization and Cloud Computi.docxdiscuss the differences between Virtualization and Cloud Computi.docx
discuss the differences between Virtualization and Cloud Computi.docx
 
Discuss the differences between substantive law, procedural law,.docx
Discuss the differences between substantive law, procedural law,.docxDiscuss the differences between substantive law, procedural law,.docx
Discuss the differences between substantive law, procedural law,.docx
 
Discuss the differences between the three major approaches surroundi.docx
Discuss the differences between the three major approaches surroundi.docxDiscuss the differences between the three major approaches surroundi.docx
Discuss the differences between the three major approaches surroundi.docx
 
Discuss the differences between Unitary and confederal systems of go.docx
Discuss the differences between Unitary and confederal systems of go.docxDiscuss the differences between Unitary and confederal systems of go.docx
Discuss the differences between Unitary and confederal systems of go.docx
 
Discuss the differences between the systems development life c.docx
Discuss the differences between the systems development life c.docxDiscuss the differences between the systems development life c.docx
Discuss the differences between the systems development life c.docx
 
Discuss the differences between substantive law, procedural law, c.docx
Discuss the differences between substantive law, procedural law, c.docxDiscuss the differences between substantive law, procedural law, c.docx
Discuss the differences between substantive law, procedural law, c.docx
 
Discuss the differences between communism socialism and capitalism.docx
Discuss the differences between communism socialism and capitalism.docxDiscuss the differences between communism socialism and capitalism.docx
Discuss the differences between communism socialism and capitalism.docx
 
Discuss the differences between civil and criminal courts. Is the li.docx
Discuss the differences between civil and criminal courts. Is the li.docxDiscuss the differences between civil and criminal courts. Is the li.docx
Discuss the differences between civil and criminal courts. Is the li.docx
 
Discuss the difference between normative economic analysis and posit.docx
Discuss the difference between normative economic analysis and posit.docxDiscuss the difference between normative economic analysis and posit.docx
Discuss the difference between normative economic analysis and posit.docx
 
Discuss the difference between external and internal evidence as it .docx
Discuss the difference between external and internal evidence as it .docxDiscuss the difference between external and internal evidence as it .docx
Discuss the difference between external and internal evidence as it .docx
 
Discuss the difference between an income tax expense and an in.docx
Discuss the difference between an income tax expense and an in.docxDiscuss the difference between an income tax expense and an in.docx
Discuss the difference between an income tax expense and an in.docx
 
Discuss the development of political and social structures that prod.docx
Discuss the development of political and social structures that prod.docxDiscuss the development of political and social structures that prod.docx
Discuss the development of political and social structures that prod.docx
 
Discuss the development of coronary artery disease (CAD) and the lin.docx
Discuss the development of coronary artery disease (CAD) and the lin.docxDiscuss the development of coronary artery disease (CAD) and the lin.docx
Discuss the development of coronary artery disease (CAD) and the lin.docx
 
Discuss the data visualization in the attached file below (Data Visu.docx
Discuss the data visualization in the attached file below (Data Visu.docxDiscuss the data visualization in the attached file below (Data Visu.docx
Discuss the data visualization in the attached file below (Data Visu.docx
 
Discuss the data set and the following topics.How effective .docx
Discuss the data set and the following topics.How effective .docxDiscuss the data set and the following topics.How effective .docx
Discuss the data set and the following topics.How effective .docx
 
Discuss the case study of Ciba-Geigy p.docx
Discuss the case study of Ciba-Geigy p.docxDiscuss the case study of Ciba-Geigy p.docx
Discuss the case study of Ciba-Geigy p.docx
 

Recently uploaded

microwave assisted reaction. General introduction
microwave assisted reaction. General introductionmicrowave assisted reaction. General introduction
microwave assisted reaction. General introductionMaksud Ahmed
 
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...EduSkills OECD
 
Z Score,T Score, Percential Rank and Box Plot Graph
Z Score,T Score, Percential Rank and Box Plot GraphZ Score,T Score, Percential Rank and Box Plot Graph
Z Score,T Score, Percential Rank and Box Plot GraphThiyagu K
 
Holdier Curriculum Vitae (April 2024).pdf
Holdier Curriculum Vitae (April 2024).pdfHoldier Curriculum Vitae (April 2024).pdf
Holdier Curriculum Vitae (April 2024).pdfagholdier
 
ICT Role in 21st Century Education & its Challenges.pptx
ICT Role in 21st Century Education & its Challenges.pptxICT Role in 21st Century Education & its Challenges.pptx
ICT Role in 21st Century Education & its Challenges.pptxAreebaZafar22
 
Unit-IV; Professional Sales Representative (PSR).pptx
Unit-IV; Professional Sales Representative (PSR).pptxUnit-IV; Professional Sales Representative (PSR).pptx
Unit-IV; Professional Sales Representative (PSR).pptxVishalSingh1417
 
How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17Celine George
 
Food Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-II
Food Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-IIFood Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-II
Food Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-IIShubhangi Sonawane
 
Python Notes for mca i year students osmania university.docx
Python Notes for mca i year students osmania university.docxPython Notes for mca i year students osmania university.docx
Python Notes for mca i year students osmania university.docxRamakrishna Reddy Bijjam
 
PROCESS RECORDING FORMAT.docx
PROCESS      RECORDING        FORMAT.docxPROCESS      RECORDING        FORMAT.docx
PROCESS RECORDING FORMAT.docxPoojaSen20
 
General Principles of Intellectual Property: Concepts of Intellectual Proper...
General Principles of Intellectual Property: Concepts of Intellectual  Proper...General Principles of Intellectual Property: Concepts of Intellectual  Proper...
General Principles of Intellectual Property: Concepts of Intellectual Proper...Poonam Aher Patil
 
Energy Resources. ( B. Pharmacy, 1st Year, Sem-II) Natural Resources
Energy Resources. ( B. Pharmacy, 1st Year, Sem-II) Natural ResourcesEnergy Resources. ( B. Pharmacy, 1st Year, Sem-II) Natural Resources
Energy Resources. ( B. Pharmacy, 1st Year, Sem-II) Natural ResourcesShubhangi Sonawane
 
Grant Readiness 101 TechSoup and Remy Consulting
Grant Readiness 101 TechSoup and Remy ConsultingGrant Readiness 101 TechSoup and Remy Consulting
Grant Readiness 101 TechSoup and Remy ConsultingTechSoup
 
Measures of Dispersion and Variability: Range, QD, AD and SD
Measures of Dispersion and Variability: Range, QD, AD and SDMeasures of Dispersion and Variability: Range, QD, AD and SD
Measures of Dispersion and Variability: Range, QD, AD and SDThiyagu K
 
Application orientated numerical on hev.ppt
Application orientated numerical on hev.pptApplication orientated numerical on hev.ppt
Application orientated numerical on hev.pptRamjanShidvankar
 
This PowerPoint helps students to consider the concept of infinity.
This PowerPoint helps students to consider the concept of infinity.This PowerPoint helps students to consider the concept of infinity.
This PowerPoint helps students to consider the concept of infinity.christianmathematics
 
Beyond the EU: DORA and NIS 2 Directive's Global Impact
Beyond the EU: DORA and NIS 2 Directive's Global ImpactBeyond the EU: DORA and NIS 2 Directive's Global Impact
Beyond the EU: DORA and NIS 2 Directive's Global ImpactPECB
 
Unit-V; Pricing (Pharma Marketing Management).pptx
Unit-V; Pricing (Pharma Marketing Management).pptxUnit-V; Pricing (Pharma Marketing Management).pptx
Unit-V; Pricing (Pharma Marketing Management).pptxVishalSingh1417
 
Making and Justifying Mathematical Decisions.pdf
Making and Justifying Mathematical Decisions.pdfMaking and Justifying Mathematical Decisions.pdf
Making and Justifying Mathematical Decisions.pdfChris Hunter
 
Unit-IV- Pharma. Marketing Channels.pptx
Unit-IV- Pharma. Marketing Channels.pptxUnit-IV- Pharma. Marketing Channels.pptx
Unit-IV- Pharma. Marketing Channels.pptxVishalSingh1417
 

Recently uploaded (20)

microwave assisted reaction. General introduction
microwave assisted reaction. General introductionmicrowave assisted reaction. General introduction
microwave assisted reaction. General introduction
 
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
 
Z Score,T Score, Percential Rank and Box Plot Graph
Z Score,T Score, Percential Rank and Box Plot GraphZ Score,T Score, Percential Rank and Box Plot Graph
Z Score,T Score, Percential Rank and Box Plot Graph
 
Holdier Curriculum Vitae (April 2024).pdf
Holdier Curriculum Vitae (April 2024).pdfHoldier Curriculum Vitae (April 2024).pdf
Holdier Curriculum Vitae (April 2024).pdf
 
ICT Role in 21st Century Education & its Challenges.pptx
ICT Role in 21st Century Education & its Challenges.pptxICT Role in 21st Century Education & its Challenges.pptx
ICT Role in 21st Century Education & its Challenges.pptx
 
Unit-IV; Professional Sales Representative (PSR).pptx
Unit-IV; Professional Sales Representative (PSR).pptxUnit-IV; Professional Sales Representative (PSR).pptx
Unit-IV; Professional Sales Representative (PSR).pptx
 
How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17
 
Food Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-II
Food Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-IIFood Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-II
Food Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-II
 
Python Notes for mca i year students osmania university.docx
Python Notes for mca i year students osmania university.docxPython Notes for mca i year students osmania university.docx
Python Notes for mca i year students osmania university.docx
 
PROCESS RECORDING FORMAT.docx
PROCESS      RECORDING        FORMAT.docxPROCESS      RECORDING        FORMAT.docx
PROCESS RECORDING FORMAT.docx
 
General Principles of Intellectual Property: Concepts of Intellectual Proper...
General Principles of Intellectual Property: Concepts of Intellectual  Proper...General Principles of Intellectual Property: Concepts of Intellectual  Proper...
General Principles of Intellectual Property: Concepts of Intellectual Proper...
 
Energy Resources. ( B. Pharmacy, 1st Year, Sem-II) Natural Resources
Energy Resources. ( B. Pharmacy, 1st Year, Sem-II) Natural ResourcesEnergy Resources. ( B. Pharmacy, 1st Year, Sem-II) Natural Resources
Energy Resources. ( B. Pharmacy, 1st Year, Sem-II) Natural Resources
 
Grant Readiness 101 TechSoup and Remy Consulting
Grant Readiness 101 TechSoup and Remy ConsultingGrant Readiness 101 TechSoup and Remy Consulting
Grant Readiness 101 TechSoup and Remy Consulting
 
Measures of Dispersion and Variability: Range, QD, AD and SD
Measures of Dispersion and Variability: Range, QD, AD and SDMeasures of Dispersion and Variability: Range, QD, AD and SD
Measures of Dispersion and Variability: Range, QD, AD and SD
 
Application orientated numerical on hev.ppt
Application orientated numerical on hev.pptApplication orientated numerical on hev.ppt
Application orientated numerical on hev.ppt
 
This PowerPoint helps students to consider the concept of infinity.
This PowerPoint helps students to consider the concept of infinity.This PowerPoint helps students to consider the concept of infinity.
This PowerPoint helps students to consider the concept of infinity.
 
Beyond the EU: DORA and NIS 2 Directive's Global Impact
Beyond the EU: DORA and NIS 2 Directive's Global ImpactBeyond the EU: DORA and NIS 2 Directive's Global Impact
Beyond the EU: DORA and NIS 2 Directive's Global Impact
 
Unit-V; Pricing (Pharma Marketing Management).pptx
Unit-V; Pricing (Pharma Marketing Management).pptxUnit-V; Pricing (Pharma Marketing Management).pptx
Unit-V; Pricing (Pharma Marketing Management).pptx
 
Making and Justifying Mathematical Decisions.pdf
Making and Justifying Mathematical Decisions.pdfMaking and Justifying Mathematical Decisions.pdf
Making and Justifying Mathematical Decisions.pdf
 
Unit-IV- Pharma. Marketing Channels.pptx
Unit-IV- Pharma. Marketing Channels.pptxUnit-IV- Pharma. Marketing Channels.pptx
Unit-IV- Pharma. Marketing Channels.pptx
 

2. The Takings Clause of the Fifth Amendment to the Constitution.docx

  • 1. 2. The Takings Clause of the Fifth Amendment to the Constitution allows government to take privately owned property if that property is being taken for a public purpose and if the private owner of the property is paid a fair price for the property taken. Questions have arisen under this provision about what a public purpose is and what a fair price is. One of the strangest questions that has arisen under this provision was about whether there was a taking at all. In Lucas v. South Carolina Coastal Council , Lucas owned a lot at the beach and intended to build a house on that lot. Before he could build that house, the South Carolina passed a law that prohibited building houses at the beach within a certain number of feet from the water. This "setback" from the water meant that there was no room left on Mr. Lucas's lot for him to build a house, so he sued the state for rendering his lot useless for his purpose and, therefore, taking his property. The case was eventually presented to the U.S. Supreme Court, which decided that South Carolina had taken Mr. Lucas's property and, therefore, had to pay him the value of the lot. Do you think the outcome of the case was fair? Do you think this was the kind of situation that was contemplated when the Takings Clause of the Fifth Amendment was written? 3. Serrano was accused of murdering someone in South Florida, but he claimed to have been in Atlanta, Georgia, at the time of the murder. There was a surveillance video from a hotel in Atlanta that showed Serrano at the hotel several hours before the murder occurred and several hours after the murder occurred, but prosecutors contended that after Serrano first appeared in the video, he drove to the airport in Atlanta, flew to
  • 2. south Florida, committed the murder, flew back to Atlanta, and drove back to the hotel where he appeared in the video the second time. Serrano's lawyer, Mason, gave a television interview about the case in which he ridiculed the prosecutors' theory about how Serrano was able to commit the murder, and he said during an interview that it was simply impossible to do what prosecutors said Serrano did in the time that was available, and if anyone could prove that what prosecutors said Serrano did in the time that was available to be possible, he said he would pay them a million dollars. Several months later, a man named Kolodziej proved that Serrano could have done what prosecutors said he did in the time available and demanded that Mason pay him a million dollars. Mason refused, and Kolodziej sued Mason for the million dollars. The case turned on the question of whether Mason's statement was an offer that Kolodziej could accept. What do you think? Did Mason make a valid offer that Kolodziej could accept? Why, or why not? If there was a valid offer and a valid acceptance of the offer, what kind of contract was created? Only 200 words per DB, do not need a reference. Please keep #