Wednesday, May 15, 2019

Analyze Supreme case of County Wayne vs Hathcock Essay

canvass Supreme case of County Wayne vs Hathcock - Essay ExampleThe only blight came with a small but epochal percentage of destroyowners who refused to sell their lands voluntarily. For practicality reasons, this land could NOT be excluded from the noble project. This not only gave birth to the tussles among Wayne County and Hathock but also an interesting and relevant case to any urban planner and specifically a Michigan urban planner.Adopting a resolution of compulsion and a declaration of taking the property (almost forcefully), Wayne County started detestation procedures under the justification that thee land in question was to have more usual benefits, in the bulky run, in its hands than in the aboriginal owners. The owners, on the other hand, felt that if the county was awarded eminent domain, which it did, it would be a constitutional breach. It is crucial to note that the Michigan Supreme Court had in 1981 used the case of usual domain in a case Poletown Neighborho od Council v Detroit present on the same scotch reasons as Wayne Countys. Article 10, section 2 of the Michigan constitution states that private property shall not be taken for public use without just compensation. Property may only be taken if it is for a public purpose and if just compensation is provided.An interesting debate on what exactly can be termed as public use ensued, with the term generating different ideas. For the land to meet the public test brink and condemned property acquired by a private investor, the court set up 3 criterions. Public necessity was evident, the property remained very much subject to public control after transfer and that the reason for choosing the land did nothing but serve the public good. The court however failed to decipher any of the above exceptions applicable to Pinnacle Project. The Wayne v. Hathock opened other chapter to any planners mind what if the land itself was the case of public

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