Quote:
Originally posted by Penske_Account
Why?
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There's no dispute that if the government wanted to seize the property at issue in order to build a road, or a government owned-building, there'd be no problem here. The thing that makes it controversial is that the government is taking the land in order to develop it through a private developer. If that's not permitted, then the Takings Clause bars the government from taking land to build a road if it intends to auction the land to a private entity to build and manage a toll road, but not if the government wants to build and manage the road itself.
