200 WORD RESPONSE

Suppose you live in a town where a commercial development is trying to come in and “take” (in exchange for just compensation) several waterfront residences to build a new mall area with restaurants, bars, and souvenir shops. This new development is supposed to create 500 jobs and bring in countless visitors each year.

Over the past 25 years, the town’s economy has been tolerable, but not booming, the tax base has been shrinking because of younger people moving away, and what was once a major tourist economy is languishing.

Is there a constitutional and/or public policy argument that would legally support the taking of these properties against the will of the residents? Explain.

Taking the opposite side, are there legal arguments against the taking? Be sure to include specific examples and case law to support your work.

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