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Question 1
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?
Correct Each state in the U.S. is its own sovereign. As such, each state has its own power of eminent domain. Thus, a state can condemn any property for a public use. A museum/ memorial easily qualifies as a public use.
Incorrect! Each state in the U.S. is its own sovereign. As such, each state has its own power of eminent domain. Thus, a state can condemn any property for a public use. A museum/ memorial easily qualifies as a public use.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
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. Must New York pay the owners of the building that it is taking over for the value of the property that it is condemning?
Correct Although the Fifth Amendment technically only applies to the Federal Government, the Supreme Court has ruled that the takings clause applies fully to the states via incorporation of the states by the Fourteenth Amendment. Thus, New York is obligated to compensate the owner of a building that is taken by the state.
Incorrect! Although the Fifth Amendment technically only applies to the Federal Government, the Supreme Court has ruled that the takings clause applies fully to the states via incorporation of the states by the Fourteenth Amendment. Thus, New York is obligated to compensate the owner of a building that is taken by the state.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
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?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct In the actual case, Loretto v. Teleprompter Manhattan CATV Corp., 5458 U.S. 419 (1982), the Supreme Court ruled that this was a taking because it was a permanent physical invasion that was mandated by the government that deprived the owners of the building of the right to use that space as they saw fit.]
Incorrect! In the actual case, Loretto v. Teleprompter Manhattan CATV Corp., 5458 U.S. 419 (1982), the Supreme Court ruled that this was a taking because it was a permanent physical invasion that was mandated by the government that deprived the owners of the building of the right to use that space as they saw fit.]
Question 4
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?
Correct
Incorrect!
Correct Temporary usage of the property by the government and/or government infringements on the ownership rights of property owners is not considered to be a taking. Since Jay could convert his shop into another kind of store (but he doesn't want to give up his spice business) he still has viable economic use of his property.
Incorrect! Temporary usage of the property by the government and/or government infringements on the ownership rights of property owners is not considered to be a taking. Since Jay could convert his shop into another kind of store (but he doesn't want to give up his spice business) he still has viable economic use of his property.
Correct
Incorrect!
Correct
Incorrect!
Question 5
Which of the following, if any, would be likely to be considered a "public use"?
Correct
Incorrect!
Correct
Incorrect!
Correct The courts have interpreted the public use requirement very broadly. A government taking will be upheld as long as the taking is "rationally related" to any conceivable public purpose. Stimulating the city's economy would almost certainly be considered a public purpose by a court. Opening a public school is also, beyond doubt, a public purpose.
Incorrect! The courts have interpreted the public use requirement very broadly. A government taking will be upheld as long as the taking is "rationally related" to any conceivable public purpose. Stimulating the city's economy would almost certainly be considered a public purpose by a court. Opening a public school is also, beyond doubt, a public purpose.
Correct
Incorrect!
Question 6
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?
Correct The rule is that just compensation means that the government must pay only the fair market value for the property that was taken. The fact that she values it higher than its fair market value is irrelevant. Also, D is incorrect because New City is a city government, which is a function of the state government. State governments are bound by the just compensation clause.
Incorrect! The rule is that just compensation means that the government must pay only the fair market value for the property that was taken. The fact that she values it higher than its fair market value is irrelevant. Also, D is incorrect because New City is a city government, which is a function of the state government. State governments are bound by the just compensation clause.