[Big City] Leona and Enoch lived next door to each other for over thirty years. In an effort to bring new business and jobs into the area, the Big City council planned to build a shopping center, business park, and hotel. Big City notified Leona and Enoch that it had the authority to seize their land for public use, and Big City would provide them temporary housing and $1,000 in moving expenses. Leona and Enoch filed suit.
-Who would likely win this lawsuit?
A) Leona and Enoch. They had owned the land for over thirty years.
B) Leona and Enoch. Under the theory of eminent domain, the land must be used for "public purposes" and the land cannot be taken for economic development.
C) Leona and Enoch. Even though the use of eminent domain for the purpose of economic development is constitutional, the government must pay the owner fair market value for the property.
D) Big City. The use of eminent domain is constitutional.
E) Big City. Economic development is a compelling government interest.

Question

Quizplus · Accepted Answer

Eminent domain allows the government to take private property for public use, but it requires that the government pay fair market value to the owners. The scenario suggests that only temporary housing and $1,000 in moving expenses were offered, which likely does not meet the fair market value requirement.

[Big City] Leona and Enoch Lived Next Door to Each