Why are there legal arguments against the taking


Discussion Post

Suppose you live in a town where a commercial development is trying to come in and "take" (in exchange for just compensation) several waterfront residences to build a new mall area with restaurants, bars, and souvenir shops. This new development is supposed to create 500 jobs and bring in countless visitors each year.

• Over the past 25 years, the town's economy has been tolerable, but not booming, the tax base has been shrinking because of younger people moving away, and what was once a major tourist economy is languishing.

• Is there a constitutional and/or public policy argument that would legally support the taking of these properties against the will of the residents? Explain.

• Taking the opposite side, are there legal arguments against the taking? Be sure to include specific examples and case law to support your work.

The response must include a reference list. Using Times New Roman 12 pnt font, double-space, one-inch margins, and APA style of writing and citations.

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