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5 Cards in this Set
- Front
- Back
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1. In hopes of landing Lebron James in the NBA's 2010 Free Agency, Sean Carter the President of the New Jersey Nets decided to Move the team to Brooklyn and build a state of the art arena. Sean Carter assumed the move and the new arena would seal the deal in convincing the world’s most famous basketball player to sign with the Nets. The land where Sean Carter decided to build the new arena is owned by Spike Lee, a huge New York Knicks fan and awful landlord. The apartment buildings occupying the Land are run down and beyond repair. The businesses in the area haven't produced income or created any Jobs in the prior 2 years. Moreover, it is predicted that if Sean Carter is allowed to move the Nets to Brooklyn, 3000 jobs will be created in the area and it will bring extreme wealth to the city of Brooklyn.
Spike argues that it would be unconstitutional for the government to use Eminent Domain as a means to take his property and transfer it to Sean Carter. Will Spike Prevail? |
(a) No. Through Eminent Domain the Federal government is allowed to take land to transfer from one private owner to another if the future use by the public is the purpose of the taking.
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2. For this question only, assume all of the facts of question one; however there are no indicators that 3000 jobs will be created or any wealth produced from the transfer. Instead, the Legislators are huge fans of Sean Carter’s music and want to provide him with the best opportunity to secure Lebron James. Will Spike Prevail?
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c. Yes. Under Eminent Domain the government will not be allowed to take property from A for the sole purpose of transferring it to private person B, for the private benefit of B, even if just compensation is paid
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3. Stu Jackson, a store owner in the blighted area of Brooklyn, was disgusted at the possibility of losing his store under the title of Eminent Domain. The Store has been held by Stu’s family for 300 years. Stu hired a lawyer and brought suit seeking an injunction to stop the taking of his store. Stu argued that the store was not a slum, nor did it contribute to the blighted area. Will Stu Prevail?
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c. Stu shall not prevail. When the legislative branch enacts community redevelopment plans they must do so as a whole thus meaning no piecemeal approach should be used.
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4. Assume the same facts as above for question 4 except Stu is unsuccessful in keeping his store and is subsequently given fair market value for his property. When assessing just compensation, the court must take into account the fact the store has been in Stu’s family for 300 years.
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False
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Assume the same facts as question 3 above except Stu was able to keep the majority of his store. However, the west wing of the store was taken under Eminent Domain in order to build the V.I.P parking garage for the Brooklyn Nets arena. Because of the high traffic from the V.I.P garage Stu’s store is flourishing and the value of his land has actually increased.
If Stu brings an action to recover for the partial taking of his store will Stu prevail? |
c. Maybe. Depending on the jurisdiction the government may be able to offset the increase of the value against the partial taking of the store.
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