Centre City Exercises Its Power of Eminent Domain to Acquire

question 5

Essay

Centre City exercises its power of eminent domain to acquire land for a public project, including part of a public transit rail system and a traffic bypass. The city relocates more than 10,000 residents from the land and destroys their homes to begin the project. Deli Market is adjacent to the project, and loses most of its business when the residents are moved. Deli files a suit against the city, alleging that its acquisition of the land resulted in a taking of the plaintiff's property interest, entitling it to compensation. What is a taking? What might Deli claim is its "property interest" to support this allegation? What is the court likely to rule? Why?

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Definitions:

Intracranial Pressure

The pressure within the skull, affecting the brain tissue and cerebrospinal fluid.

Mechanical Ventilation

A life-support technique that uses a machine to help patients breathe when they are unable to do so sufficiently on their own.

Endotracheal Tube

A flexible tube inserted through the mouth or nose into the trachea to maintain an open airway and facilitate ventilation.

Oropharyngeal Suctioning

The process of removing secretions from the throat and mouth using a suction device to maintain airway patency.