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Court Case - Essay Example

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Just as Justice Chase wrote, the resolution should not be contrary to the law otherwise it qualifies not to be called a rightful exercise.
The activist judges figured…
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Court Case
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Download file to see previous pages They say that in this era of economic development private property is now in danger of being transferred to another private owner who according to them will put it into a more productive use. These activists reason and put forward that these actions removes the distinction between private and public property and therefore they dissent.
In their article narrating why they dissented, they give us an example of the events that went forth in New London. Petitioners were residents or investors owning homes in the Fort Trumbull neighborhood of New London, Connecticut. They were born and lived there all their lives and this was the place they had always called home. Suddenly the Pfizer Inc. realizes a business opportunity near the Fort Trumbull neighborhood and months later the New London city council grants the New London Development Corporation(NLDC) approval to prepare for the development plan named. Being a private and nonprofit corporation, with a mission of assisting the city council in economic development, NLDC having the mandate grasped the idea of the Pfizer to create jobs, increase tax among other benefits. A question arises, were the effects the development was going to cause on the residents considered? It is not stated in the article that an Environmental Impact Assessment(EIA) was carried out to indicate the positive and negative effects the Pfizer will have on the people and the environment. This indicates a pure violation of rights and showcasing why the petitioners had to file the case so as to protect their property. They held that the NLDC had no powers to condemn their properties as stated in the Fifth Amendment. They claimed that the NLDC had approved a development plan on their property which was not a public one. According to the law the government cannot take their property for private use of other ...Download file to see next pagesRead More
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