Singing Loudly: MBE Questions and the Current Supreme Court

Singing Loudly

Friday, June 24, 2005

MBE Questions and the Current Supreme Court

Does Kelo change the answer to in the following MBE question:

Recreational Systems, Inc., under the authority of a statute of the State of Greenora, sued to have condemned 1000 acres of forested land owned by the Great Lakes Timber Co. which it planned to develop for use as a state recreational area and state gamelands. After a hearing, the state court ordered possession of the land surrendered to Recreational Systems, prior to determination of compensation, upon deposit in court of a sum deemed adequate to cover damages which might be awarded. Great Lakes Timber Co. immediately commenced an action to enjoin the court ordered sale of their property.

Indicate which of the following would be the best ground for upholding the state court's order:

Answer: (A) the power of eminent domain may only be delegated directly to a private enterprise for a public related use or activity.

The PMBR explanation states:

The power of eminent domain may be delegated directly or indirectly to a private person or enterprise subject to the requirements that the taking be (a) for a public use and (b) just compensation must be given.

Now, I am not too familiar with the facts or application of Kelo, but from reading the holding the first requirement of this test seems to be optional, no? It can now be for either a public or private use.

BTW, if you are studying for the bar and have the PMBR books, this is question 38 in the property section of the red book.
-x-

4 Comments:

A: No. You must not have gotten to the lecture yet where all law stops at last summer or whatever date it is (I was too busy being distracted to remember to write down the date). So even if Marbury gets overturned tomorrow, it's still perfectly good law for the MBE.

And furthermore, you're just now on Q. 38?! ;)

By Blogger E. McPan, at 11:26 PM, June 24, 2005  

Today was 35-53 in just property out of the red book! That doesn't include some out of the blue colored book and all the other subjects and the stupid six day and BARBRI simulated.

Ugh.

By Blogger Curtis, at 11:33 PM, June 24, 2005  

Kelo still maintains the fiction of a public use, it's just that such a use can be implemented/provided by a private entity, and if providing jobs and boosting the economy is a public use, pretty much everything is.

By Blogger Dylan, at 6:37 AM, June 25, 2005  

To be more clear: use -> benefit.

By Blogger Dylan, at 6:37 AM, June 25, 2005  

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