Question

Mrs. Cory has lived on the same property since she was born. Recently, in response to traffic concerns, her state has decided to build a new two-lane highway. It will need to construct part of this road on Mrs. Cory’s land. Officials meet with Mrs. Cory and tell her the state will pay her a fair price for her property. Mrs. Cory refuses to sell.

Explain why Mrs. Cory's refusal to sell land so the government can use it for a public purpose is NOT protected by the Bill of Rights.

Answer 1

I don't know much about Law but there must be a reason why she refused to sell her land.

Answer 2

Mrs. Cory's refusal to sell her land for a public purpose is not protected by the Bill of Rights because of the principle of eminent domain. Eminent domain is a legal concept that allows the government to take private property for public use as long as they provide just compensation to the property owner. This power is enshrined in the Fifth Amendment to the United States Constitution, which states that private property shall not be taken for public use without just compensation.

In this case, the government is building a new highway for the benefit of the public, which qualifies as a legitimate public purpose. Mrs. Cory's refusal to sell her land does not override the government's authority to acquire it for this purpose, as long as they offer her fair compensation for the property. Therefore, her refusal to sell is not protected by the Bill of Rights because the government has the legal right to use eminent domain to acquire her land for public infrastructure projects.