1. introduction: the power of legislature to allocate wealth



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Overruled Poletown

  • Condemnation unconstitutional because taking not for public use since: a) park not an enterprise dependent on use of land that could be assembled only by government b) park wouldn’t be subject to public oversight after sold to private entities c) no facts of independent public significance, such as health and safety issues, that might justify the condemnation

        • City's exercise of eminent domain in furtherance of economic development plan satisfied constitutional "public use" requirement

        • Although owners' properties weren’t blighted, the city's determination that program of economic rejuvenation was justified was entitled to deference

        • Using taking clause to redistribute wealth and promote economic development = consistent with New Deal thinking

    B. The Just Compensation Requirement

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    upload documents -> Property Outline – Professor Upham, Spring 2000
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