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Bay City Exercises Its Power of Eminent Domain to Acquire

Question 41

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Bay City exercises its power of eminent domain to acquire land for a public project,including part of a mass transit monorail and a traffic bypass.Bay City relocates more than 10,000 residents from the land and destroys their homes to begin the project.Cho's Sweet Treats is a bakery at the edge of the area.Cho's loses most of its business when the residents are moved.Cho's files a suit against Bay City,alleging that the city's acquisition of the land resulted in a taking of the bakery's property interest,entitling it to compensation.What is a taking? What might Cho's claim is its "property interest" to support this allegation? What is the court likely to rule? Why?

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A taking occurs when government action p...

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