Wednesday, November 20, 2019
Write a memorandum Essay Example | Topics and Well Written Essays - 1000 words
Write a memorandum - Essay Example Due to this, the City Council is losing significant revenue collections, crime has gone high, the decline in the waterfront area is more real, and the economy is dwindling. As a result, the council is deciding on how to react on these complaints. In doing this, the Council will use the Measure A, that seeks to revitalize the economy on the waterfront area where the Marina sits. It also relies on the amended Referendum 3 that aims at limiting the governmentââ¬â¢s eminent domain power by restricting the permissible interpretations of the ââ¬Å"public useâ⬠requirement for eminent domain (Dyson 1-2). The council seeks to take over the waterfront area and compensate the owners like Mr. Park. Henceforth, the city plans to transfer the land to public use where it hopes to derive jobs, revenues, and minimize noise on Elm Street. The City also relies on Kelo v. City of New London, 545 U.S. 469 case studies (2005) to succeed in its quest. Mr. Parkââ¬â¢s house, marina is on that st reet and the council is bound to make it a stadium. Hence, Mr. Park is seeking legal advice on how to stop the council from taking his waterfront home. In 2000, New London, a city in Connecticut, used its eminent domain powers to acquire private property for purposes of selling it for private use with an aim of boosting the cityââ¬â¢s economy. In doing this, New London sought to create more than 1000 jobs, revitalize the economy, and increase tax revenues. As such, aggrieved owners took the matter to court arguing that the seized property was not for public use and the Fifth Amendment Takings limits the government from seizing private property for public use without just compensation. The legal question in this question was whether the cityââ¬â¢s seizure and selling of the reference property is of ââ¬Å"public useâ⬠according to the Takings Clause of the Fifth Amendment. In a majority ruling, the Connecticut Supreme Court ruled for New London qualifying the cityââ¬â¢s
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