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Ethics and the Law

-According to the majority opinion in the Lucas case, what two types of regulatory action automatically trigger compensation as takings, without a court needing to examine the circumstances in a case-specific way?

-Why does the dissent object to the takings approach laid out by the majority?
-Can cities take private property and transfer it to private developers for the sake of economic revitalization? Offer support for the position you have taken.

-What are the ethical issues surrounding the principle of using eminent domain to take away the property ownership rights of individuals?

-How would you feel if you purchased land and then were told you could not build for environmental reasons or merely that the government would be taking the property away from you?

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According to the majority opinion in the Lucas case, one type of regulatory actions that automatically triggers compensation as takings, without a court needing to examine the circumstances in a case-specific way encompasses, "regulations that compel a property owner to suffer a physical invasion of his or her property, and this could be something as minute as regulations requiring landlords to allow cable installation within their property."(Lucas V. docx). The second type of regulatory action that automatically triggers compensation as takings, without a court needing to examine the circumstances in a case-specific way, are regulations that deprive the land owner of any means to make productive or profitable economic use of his or her property.(LUCAS V.docx)

The dissent in this case believes that the taking in this case is supported by ...

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