Adverse possession different from eminent domain


Q1 In its controversial landmark decision of Kelo v. New London 125 S. Ct. 2655 (2005), the US Supreme Court ruled that the city was within its rights to transfer property from homeowners to private developers to build a hotel, condominiums, and an industrial park.

Adverse possession is an involuntary alienation that transfers property to another when certain statutory requirements have been met. Adverse Possession is a creature of statute, and each state has its own statute.

In your opinion, is adverse possession different from eminent domain? If so, do explain? Do they accomplish the same result, if so how? The two cases above will provide a good basis to start your analysis.

Q2 Should municipalities require real estate developers to absorb the infrastructure costs involved in new development such as installing sewer trunk lines and storm water controls? What is your opinion? Support your opinion with examples.

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Business Law and Ethics: Adverse possession different from eminent domain
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