Problem
HYPOTHETICAL QUESTION. Within the city of Westphalia only one development of 100 homes is left without city water and sewers. In an effort to better the city, the mayor and council pass an ordinance that all homes must be on city water and sewers within 3 years. According to the city laws, it will pay for the construction, pipes, and connections on public property. However, residents who are hooked up to the city water system must pay for connection and installation once the pipes reach their property. The residents in the final development do not want city water as they live above an underground aquifer that provides excellent well water. They also do not want to pay the estimated US$5,000 to US$7,500 that it will cost per home to make the connections. To stop the new law, the residents file suit in federal court claiming that forcing them to dig up their yards and add unwanted pipes and water to their properties constitutes a taking within the meaning of the Fifth Amendment. If you were a justice on the Supreme Court, how would you decide this case?