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.

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