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?

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?

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?

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?

Question 5

Which of the following, if any, would be likely to be considered a "public use"?

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?