Business law: Eminent domain is the constitutional principle that the government can take private property from...

Business law:

Eminent domain is the constitutional principle that the government can take private property from an owner for a public purpose with fair compensation. Examples would be to build an airport, a park, or a highway. One controversial Supreme Court case allowed a city government to transfer ownership from one set of owners to a private corporation for a new headquarters building. The city said it was for "urban renewal" and would bring in more money for the city. Share your thoughts about whether this is a fair public use or if that transfer or ownership should not have been allowed.

Expert Solution

What is fair is a matter of one's own judgement.

Although we find a pattern in which one may think.

The main factor here to be considered is the Constitution of the country in which this transfer took place. In constitution, the power of government has been defined clearly. So no government can do what is not in its power (Ultra-Vires). If a government do so, every citizen of the country has the right to sue that government.

Nevertheless, we can't just comment whether which of the party is right without knowing the reason behind both of the parties action. From the given information, it is clear that the transfer is made for public benefit even though made to a private company. Assuming there is no secret profit made by any government or any government's officer, it is fair use.

ekkarill92 answered 1 year ago

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