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Can a local government (not state or federal) condemn property in order to sell it later...

Can a local government (not state or federal) condemn property in order to sell it later to real estate developers for private use? Why or why not? Think about the Constitution's 5th amendment and 'blighted areas' in communities due to tough economic times.

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Answer #1

No local government can take over the property that can be used or sold to the private developers in the future as per the fifth amendment. The fifth amendment has provisions while dealing with private properties. First is that every person has the right to private property and it cannot be deprived by the government without having the due procedure as per the law. Secondly, the private property can only be acquired only if it has to be used for public purposes, and for it too, it is important to compensate the owner of the property as per the market rates.

So as per the fifth amendment, only for the public use, the government can acquire the land with due process and compensation were given to the owner.

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