The city of Richmond needs land owned by the Neelans to expand a middle school. The Neelans do not want to sell. Discuss what course of action the city can take and the basis for this action
?The city has the power of eminent domain, which is the power of a government to take private property for public use. The Fifth Amendment to the U.S. Constitution states, ". . . nor shall private property be taken for public use, without just compensation." The Supreme Court has held that this applies to state and local, as well as the federal, government. Richmond must pay the Neelans a fair price for their real property. This generally means the reasonable market value. If the Neelans refuse Richmond's offer, Richmond will file suit seeking condemnation of the land. The court will specify what compensation is just and award title to Richmond.
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