Monday, September 9, 2019

99 Cent V. Lancaster Redevelopment Coursework Example | Topics and Well Written Essays - 500 words

99 Cent V. Lancaster Redevelopment - Coursework Example The loss of Costco would result in the loss of over $400,000 generated from sales tax each year. The 99 Cent Only store only generated about $40,000. Lancaster tried to use the power of eminent domain to obtain the property of the 99 Cent Only store but was sued - and lost.Similar to the decision of the Supreme Court, I would have ruled in favor of 99 Cent Only Stores. While laws would have allowed Lancaster Redevelopment Agency to remove and redevelop a slummy, blighted area, the 99 Cent Only Store was not found to be blighted. "Under Health & Safety Code 33030, a blighted area is one which is 80% urbanized, and a physical and economical liability which cannot be reversed or alleviated without redevelopment." (Fergusson, 2005). The Fifth Amendment protects property owners from having their property taken by the government unless it is for public use. It seems to me that if Lancaster seized the property from 99 Cent Only Stores, it would be for Costco's use (so it could expand) and f or Lancaster's own use (so it could obtain greater revenue from sales tax).However, if brought to court today, after the decision made by the Supreme Court in 2005 regarding the case of Kelo v. City of New London, the result of the 99 Cent Only case would quite likely be different.

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