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5 Cards in this Set
- Front
- Back
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Eminent Domain
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the government can physically take land. the 5th amendment limits gov. power requiring that taking be for public use and with just compensation
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Public Use
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easily satisfied when the government takes land that will be physically used by the government.
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Midkiff
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changes public use to public purpose.
oligopoly -was an affirmative harm |
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Berman
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Blighted area even though department store was blighted itself. must look at plan as a whole
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Kelo
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Not blighted, economically distressed
public use --> public purpose means must be rational to obtain goal then legislature will give defference. -comprehensive plan O'Conner's Dissent: Poverty doesn't cause affirmative harm |
