Eminent Domain – Essay
Essay Question #2 (APA – Format)
The Atlantic Yards is a mixed-use commercial and residential development project of 16 high-rise buildings, currently proposed in Brooklyn. The centerpiece of the development would be the Barclays Center, which would serve as the new home of the team now known as the New Jersey Nets.
The project has encountered opposition by local businesses, residents, and elected officials regarding the use of eminent domain to seize land necessary to complete this project.
1. Discuss the legal controversy surrounding the Atlantic Yards project, particularly with regards to the use of eminent domain to complete the project.
2. Does this project constitute a proper use of eminent domain or is it an instance of eminent domain abuse?
3. Include a discussion of the meaning of the terms eminent domain, public use, and public purpose.
4. Use the Constitution (see below) and relevant court cases (see below) to explain your answer.
5. Address both sides of the issue and then come to your own conclusion.
6. Provide a Separate Cited Page.
Please explain all, 1-6 (above) in the Essay. AND USE ANY OF THE LISTED CONSTITUTIONS AND CASE LAWS BELOW.
Few Sources (Links)
• Fifth Amendment
• Fourteenth Amendment
• Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833)
• Chicago, Burlington, Quincy Railroad Company v. Chicago (1897)
• U.S. v. Causby (1946)
• Penn Central Transportation Company v. City of New York (1978)
• Lucas v. South Carolina Coastal Council
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