Suppose you live in a town where a NASA development is trying to come in and "take" (in exchange for just compensation) several residences in order to build a new facility that will create 500 jobs and bring in countless visitors each year. Over the past 25 years, the town has been on the down slope after losing a major tourist attraction and manufacturing facility.
As the lawyer for the development, what are your constitutional and public policy arguments in favor of the taking? Next, as the lawyer for a community preservation group, what are your arguments against the taking?
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As the lawyer for the development, what are your constitutional and public policy arguments in favor of the taking?
As the lawyer for the development I would invoke the important Supreme Court decisions such as Berman v. Parker and Kelo v. City of New London. In these decisions, the Court set a precedent that enables the use of eminent domain for economic development purposes and to beautify a community. I would argue that the taking of the land meets all the requirements of eminent domain including private property that is taken for public use with just compensation. ...
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The solution discusses a lawyer case study regarding NASA.
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