Question

After a recent rainy season, a number of the communities in a western state suffered flooding and mudslides. A study commissioned by the state legislature determined that the extensive removal of a certain plant from hillsides within the state contributed significantly to the flooding and mudslides. The plant had an extensive root system that helped hold hillside soil in place, and it was being rapidly removed because its roots had recently gained national favor as a powerful herbal remedy. As a result, the legislature passed a statute prohibiting the removal of more than 50% of such plants from any hillside within the state. A landowner within the state challenged the statute under the Takings Clause of the Fifth Amendment, alleging that he had regularly harvested substantially more than 50% of the plants from his property and needed to do the same this year to meet the demand for the root. Is he likely to prevail in his challenge?

Answer 1

Step-by-step explanation:

The fift amendment is a law put in place by the united states it includes a due process clause and it statesthat no person shall "be deprived of life, liberty, or property, without due process of law.

The landowner can prevail going by the rule of law he has the right to make his intention known about his plant because it is his source of livelihood and the law says no one should be deprived of it.

He will prevail with the challenge because law was already made and going by it gives him more confident that he is not going wrong because rules, laws are to be followed to guide our actions and in-actions.