LAW 220 AW220_WadeW4Assignment

10TH JUSTICE; TAKINGS CLAUSE2 Eminent domain is the right of the government to expropriate private property for public use, with just compensation. If an individual refuses to sell their property to the government, the government can then file a court action to seize the property through eminent domain. An order of taking is then scheduled by the court. Both the government and the individual get to present their side to the court. If the court sides with the individual, the condemnation proceedings will either be put on hold or terminated. However, if the court rules in favor of the government, a new trial will start to determine what the full compensation for the property will be as well as additional damages. One must consider how costly and time-consuming fighting condemnation can be and there are important factors to consider before proceeding. Under the takings clause, the court was correct in its decision to affirm that New London’s development plan serves as “public use”. The Fifth Amendment of the United States Constitution, the city cannot take private property and sell it to private developers. New London’s intent was not to use the property purposely for private development, as prohibited by the Fifth Amendment, but rather use private developers, which in turn will create jobs and increase taxes among other revenues. The city had the ability to prove that its taking did qualify as public use because it benefitted the public and not the private developers