Property Rights by Sandefur Flashcards

1
Q

Susette Kelo argued that the city had misused its power of which doctrine?

A

The doctrine of eminent domain

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2
Q

The Fifth Amendment says, in part, that “private property [shall not] be taken for __________, without just compensation.”

A

“public use”

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3
Q

The Supreme Court found in favor of City of New London (aginst Kelo) by what vote?

A

5-4

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4
Q

Who wrote the majority
opinion in
Kelo v. City of New London?

A

Justice John Paul Stevens

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5
Q

How did New London interpret “public use” in Kelo v. City of New London?

A

The city merely wanted to increase its tax revenues and attract a wealthier population.

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6
Q

What ultimately happened to the Kelo property that was was lost to the City of New London?

A

The redeveloper was unable obtain financing, and the redevelopment project was abandoned. As of 2014, the property was still vacant.

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7
Q

In what year were people from Poletown (Detroit) forced to leave their houses to make room for General Motors plant?

A

1981

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8
Q

How many residents of Poletown (Detroit) lost their homes in the General Motors case?

A

4200

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9
Q

What legal doctrine allowed Detroit to take the houses from the people of Poletown?

A

Eminent domain

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10
Q

When some of the displaced residents sued the cities and General Motors, the Michigan Supreme Court ruled that economic development WAS OR WAS NOT a legitimate use of eminent domain.

A

Was

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11
Q

The Michigan Supreme Court effectively reversed the precedent it set in the Poletown case how many years afterwards?

A

23

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12
Q

What was the conclusion of Ruckelshaus v. Monsanto Co.?

A

The Court found sufficient Congress’ belief that sparing applicants the cost of time-consuming research eliminated a significant barrier to entry in the pesticide market and thereby enhanced competition (467 U.S. at 1015).
1984

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13
Q

In Kansas, government officials condemned land belonging to 150 families to build what?

A

A NASCAR race track (the state Supreme Court held the condemnation was constitutional).

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14
Q

New York City condemned an entire city block on time square to build what?

A

A high-rise building for “the New York Times.” (New York’s highest court allowed the condemnation.”

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