Alice Barker's home on two acres of land is located in an area where the state has proposed construction of a freeway off-ramp. The state has offered Alice $200,000 for her property. Alice believes the market value is $375,000. Alice has the following
questions she would like you to answer. a. Can the state take her land? b. Does she have a way to present what she believes the value to be? c. Where can she find the law applicable to this proposed action by the state?
a. Alice is having her land taken by eminent domain. The state can do so under the Fifth Amendment for a public purpose and a freeway off ramp is very clearly a public purpose.
b. Alice still has due process rights under the Fifth Amendment - the right to present her side on the land's value.
c. Alice has her constitutional protections. Also, there are state laws and regulations that will govern the process of eminent domain.
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