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0 tracked cards Constitutional Law

A city condemns several privately owned parcels in a deteriorated industrial district and plans to transfer them to a private developer that will build offices, apartments, and a grocery store. The city found that the project would increase jobs, tax revenue, and access to food. An owner challenges the taking, arguing that transfer to a private developer is not a public use.
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The public-use requirement is likely satisfied if the taking is rationally related to a legitimate public purpose, even if the property is later transferred to a private developer. The taking is invalid unless the owner subjectively agrees that the project will benefit the public. The taking is valid only if every resident of the city can physically enter the property after the project is complete. The taking is invalid because private blight removal is not a public purpose.

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