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When might the government not be able to require involuntary transfer of real property? m. Multiple Choice For

A.private governmental purposes
B. For the benefit of the public
C.To protect the health of the public
D.protect the safety of the public To protect the general welfare of the public

1 Answer

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Final answer:

The correct answer is A. The government may not require involuntary transfer of real property for private governmental purposes, as eminent domain requires the property be used for the public good, along with providing just compensation.

Step-by-step explanation:

The government may not be able to require involuntary transfer of real property when such transfer is for private governmental purposes. Under the Fifth Amendment to the United States Constitution, the use of eminent domain requires the property to serve the public good, providing an essential benefit to the community. For instance, public use may include creating public amenities such as schools, roads, or parks, or for essential services like fire and police protection that benefits the entire community. When property is seized for public use, the government must provide just compensation to the property owner.

For private governmental purposes, however, this may not fall within the scope of public use, and thus the government might not have the authority to require an involuntary transfer of property. Public benefits like health, safety, and general welfare are typically considered legitimate public uses that justify the exercise of eminent domain. But if the purpose appears to be focused on private gain or benefits to a specific group rather than the public as a whole, courts may scrutinize such takings more closely and could rule such takings to be unconstitutional.

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