Eminent Domain and Just Compensation Self-Quiz
New York State
wants to take over private property located on the corner of Chambers
Street and West Street in lower Manhattan so that they can build a museum
as a tribute to the victims of the September 11 attack on the World Trade
Center. Can they do this?
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In the above
question, must New York pay the owners of the building that it is taking
over for the value of the property that it is condemning?
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New York City
passes a regulation that says that every apartment building owner must
allow cable facilities to be installed in their buildings. The cable facilities
consist of materials that take up very little space (a cable that is only
a half inch in diameter). An apartment building owner claims that this
constitutes a taking, requiring compensation. Is this claim correct?
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Jay owns a
spice shop in the city of New Tudor in the state of Alaska. One day, The
New Tudor city government opens a tar manufacturing plant next door. The
smell from the tar shop is so bad that it makes the whole area smell badly.
Jay’s entire method of drawing people into his shop was the fact
that it smelled so good in his shop. Since the tar plant opened, Jay’s
business has been hurt. He could convert his shop into another kind of
store, but he doesn’t want to give up his spice business. So, Jay
sues the city for compensation, saying that opening the tar plant amounts
to a taking. Is he correct?
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Which of the
following, if any, would be likely to be considered a “public use”?
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New City condemns
Blackacre, which was theretofore owned by Michelle. The fair market value
of Blackacre is $200,000. However, Michelle had received an offer from
Bob to buy Blackacre for $250,000. Michelle rejected that offer, because
she would not sell Blackacre for anything less than $300,000. How much
does New City have to pay Michelle for Blackacre?
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