Doug Bradford owned a restaurant and an adjoining parking lot.The city of Medford has been working on a project to prevent flooding in the area of Doug's restaurant.The city wants to use a portion of Doug's parking lot as part of its water diversion project.Doug says that he would rather cope with the flooding than lose the 10 parking spaces the city's diversion project would use.Which of the following is correct?

Question

Doug Bradford owned a restaurant and an adjoining parking lot.The city of Medford has been working on a project to prevent flooding in the area of Doug's restaurant.The city wants to use a portion of Doug's parking lot as part of its water diversion project.Doug says that he would rather cope with the flooding than lose the 10 parking spaces the city's diversion project would use.Which of the following is correct?​

Quizplus · Accepted Answer

According to the Fifth Amendment of the US Constitution, the government has the power to take private property for public use, but it must provide just compensation to the owner. However, the owner is entitled to a hearing on the issue of taking to determine if the taking is justified and if the compensation offered is fair. Therefore, Doug is entitled to a hearing on the issue of the taking for the diversion project. Option A is incorrect because the government can take land from a private citizen if it is for public use and if just compensation is provided. Option B is incorrect because the government can take land for water diversion projects if it is for public use and if just compensation is provided. Option D is incorrect because it is not the responsibility of the city to provide additional parking spaces for Doug's restaurant.

Doug Bradford Owned a Restaurant and an Adjoining Parking Lot