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?© BrainMass Inc. brainmass.com October 10, 2019, 4:38 am ad1c9bdddf
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. ...
The solution discusses a lawyer case study regarding NASA.