A property owner is challenging a government action against her land. All of the following scenarios describe a valid exercise of eminent domain EXCEPT.
Correct Answer
B) Taking land solely to transfer it to a private developer for a shopping mall to increase tax revenue
While Kelo v. City of New London broadened the definition of public use, taking property solely to transfer it to a private party for private commercial development remains highly controversial and is prohibited in many states. This is the weakest justification for eminent domain.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
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