Metro City Exercises Its Power of Eminent Domain to Acquire

Question

Examlex · Accepted Answer

The Answer is A taking occurs when government action permanently deprives a property owner of possession or use of property.
Nathan's could claim that its "property interest'' is an expectation that the area would remain residential. If it had, Nathan's might have continued to operate profitably. In other words, Nathan's might argue that it had assumed its customer base would remain constant because of its expectation that the area would be used in the future as it had in the past.
The court is most likely to hold that Metro City's acquisition of the land near Nathan's did not cause a taking of the deli's property interest so as to require the payment of compensation. Metro City did not take Nathan's right to possess its property nor its right to use its property as it wanted. An expectation that a nearby area would remain residential is not a right. The right to control the use of the land in that area belongs to its owners. When Metro City acquired the land through its power of eminent domain, it acquired the right to control the use of the land.

Metro City Exercises Its Power of Eminent Domain to Acquire

Definitions: