The Bartons Own 10 Acres of Land

question 38

Multiple Choice

The Bartons own 10 acres of land.One day they look out of their window and see the state highway department digging up one end of their property.When they speak with the head of the road crew, they learn for the first time that their land has been taken by the state to be used for a new highway, pursuant to a statute that requires only that notice of the taking be advertised in a newspaper for 10 consecutive days.The Bartons think that this is unfair, and sue the state.Most likely the Bartons will

• A) win because the statute violates constitutional due process rights.
• B) lose because the state has sovereign immunity and cannot be sued.
• C) lose because the state can exercise its power of eminent domain however it sees fit.
• D) win because the government can never take private property for public use.

---

Definitions:

Veil of Ignorance

Concept from Rawls’ "A Theory of Justice" suggesting decision-makers should make societal rules as if they were ignorant of their own status in society to ensure fairness.

Principles of Justice

Fundamental norms or rules that guide the distribution of burdens and benefits in a society fairly and equitably.

Advantage

A condition or circumstance that puts one in a favorable or superior position relative to others.

Moral People

Individuals who act in ways that are considered ethically right and good, often guided by personal conscience and societal norms.