Question

Centre City exercises its power of eminent domain to acquire land for a public project, including part of a public transit rail system and a traffic bypass. The city relocates more than 10,000 residents from the land and destroys their homes to begin the project. Deli Market is adjacent to the project, and loses most of its business when the residents are moved. Deli files a suit against the city, alleging that its acquisition of the land resulted in a taking of the plaintiff’s property interest, entitling it to compensation. What is a taking

Answer 1

A 'taking' in legal terms refers to the government's acquisition of private property for public use with just compensation as outlined by the Fifth Amendment. Cases like Kelo v. City of New London have extended the definition of public use to include economic growth, causing disputes like the one involving Deli Market.

Step-by-step explanation:

A "taking" refers to the government using its power of eminent domain to acquire private property for public use. Under the Fifth Amendment, the government must provide "just compensation" to property owners when their property is taken for public use. This concept arises in landmark cases such as Kelo v. City of New London, where the Supreme Court ruled that the benefits of economic development can fulfil the requirement of 'public use'. Moreover, the term 'public use' has been interpreted to include public purposes such as economic development and urban renewal.

The case of Deli Market would potentially h i n g e on whether the loss of business due to the relocation of residents constitutes a 'taking' that requires compensation. Eminent domain has been traditionally used for public works like highways and railroads but has expanded to include economic development projects, which has led to controversy and legal challenges over the definition of public use.