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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 in order to build a new mall area with restaurants, bars and souvenir shops. This is promised to create 500 jobs and bring in countless visitors each year.
Over the past 25 years, the town has been OK, but not booming, the tax base has been shrinking due to the 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?
Taking the opposite side, are there legal arguments against the taking? Be sure to include specific examples and case law to support your work.
Make sure this is a legal and not emotional argument—while a valid political concern, it is not a legal or constitutional one.
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