Mr. K. Lastima owns a home in an older, working-class neighborhood in New London

Question

Mr. K. Lastima owns a home in an older, working-class neighborhood in New London, Connecticut. The neighborhood is an old industrial one, which perhaps could use a little fresh paint here-and-there, but it is not blighted, and, moreover, many homes are on a nice river. The city of New London by means of its government power of Eminent Domain attempts to seize his home as well as others to turn the property over to a private developer who plans to build a riverfront hotel, shops, and restaurants, as well as a pedestrian walk on the river. The city is doing this to expand its tax base and to make materially more money from the new riverfront development. The city offers Mr. K. Lastima "fair market value" for his home, as required by Eminent Domain. Nonetheless, he refuses, since this was his family home, and he wants to live there; and now the city seeks to evict him from his home. Mr. K. Lastima asserts that the city is acting unconstitutionally. Pursuant to the U.S. Supreme Court's Kelo decision:

Mr. K. Lastima will prevail since under the old English common law, "A man's home is his castle," and thus can never be seized by government.

Mr. K. Lastima will prevail since the city is attempting to seize his home to give it to a private developer to develop a river walk as opposed to using it for a new road or an airport runway.

Mr. K. Lastima will prevail since increasing economic development is not a sufficient reason for the use of government's Eminent Domain power.

What a pity, but Mr. K. Lastima will lose the case and his home (but get "fair market value" for it).

Mr. K. Lastima will prevail since under the old English common law, "A man's home is his castle," and thus can never be seized by government.

Mr. K. Lastima will prevail since the city is attempting to seize his home to give it to a private developer to develop a river walk as opposed to using it for a new road or an airport runway.

Mr. K. Lastima will prevail since increasing economic development is not a sufficient reason for the use of government's Eminent Domain power.

What a pity, but Mr. K. Lastima will lose the case and his home (but get "fair market value" for it).

Explanation / Answer

The correct answer is (b)Mr. K. Lastima will prevail since the city is attempting to seize his home to give it to a private developer to develop a river walk as opposed to using it for a new road or an airport runway.

Eminent domain is a power of government by using which, it can take private property for public use. This power cannot be used arbitrarily but with definite purpose of compelling public interest. The purpose to be served must be clearly defined and there must be a connection between the power and appropriate exercise of Government responsibilities. Handling over the land to a private developer just to increase tax revenue is not of compelling public interest.

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