Description
Lynda owns a small farm on the edge of town. During the C19 emergency the local township was without ready access to food, water, or medicine. After the emergency ended, the township decided to prevent this issue from ever happening again, and the local officials actively sought out “big box’ stores to fill the gap. The local township is now in negotiations with Save-Mart, Inc., to build a new store in the town. Save-Mart has identified Lynda’s farm as the perfect location. Lynda is unwilling to sell the land, especially to a private party like Save-Mart.
What are the options for the township with regard to Lynda’s property? Discuss, using outside sources to back up your assertions, the ability of the government to take a person’s land. What standard should apply when determining what constitutes a public purpose?
Does it affect your opinion that this right is expressly included in the Constitution? Why or why not? Does your opinion about this authority vary depending on whether the governmental authority is the federal, state, or local government?
Resource Video:
See also topic 8 of the text and the the U.S. Supreme Court’s Kelo case.
