Practice Quiz

Paralegal Exam Prep

Category - History

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Which of the following illustrates a proper application of the Takings Clause?
  1. Lake County takes 10 of Zeta's 20 acres to use to expand a highway. It compensates Zeta the market value of $500,000 for the property.
  2. The City of San Diego is in desperate need of affordable housing. So, the city decided to compel Zion to sell his 50acre ranch at a below market price to a residential real estate developer who has agreed to build affordable housing on the property.
  3. Zarro's neighbor contacted the police after looking in his window and noticing several dead birds in the house. The police found that Zarro was a bird hoarder and had over 100 birds in his small home, many of which were dead. The house was covered with bird droppings and had a horrible stench. Zarro's town found that Zarro's house was inhabitable and barred him from continuing to live in it until it was repaired.
Explanation
Answer: A. A proper application of the Takings Clause is when Lake County takes 10 of Zeta's 20 acres to use to expand the highway and compensates Zeta the market value of $500,000 for the property. The Takings Clause is found in the 5th Amendment and provides that, "nor shall private property be taken for public use, without just compensation. " If the property is taken by the government without providing the owner with just compensation, then the taking is improper under the Takings Clause.
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