THE MYTHOLOGY OF CONSTITUTIONAL GUARANTEES

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Eminent Domain Cases

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U. S. SUPREME COURT CASES
QUESTIONS PRESENTED - DENIED WITHOUT OPINION

09-381

1. The Fifth Amendment, as incorporated to the states, requires that valuation and payment, with adjustments for rapid increases in property values and delays in payment, are made before taking of private property by government. Pursuant to its quick action laws, the State of California condemned private property without making valuation, payment and adjustments before taking private property. Do California's quick action laws deprive property owners of their 5th Amendment right for just compensation?

2. The Fourteenth Amendment requires a valid policy reason for the disparity between the State and private owner litigants. California's quick action laws allow immediate possession of private property by the State and protracted litigation burden for the property owner. Do California's quick action laws deprive property owners of their 14th Amendment right for equal treatment?

3, The Fifth Amendment, as incorporated to the states, requires that owners cannot have property taken without the opportunity to conduct pre deprivation discovery necessary for the preparation of their defense to the taking. Pursuant to its quick action laws, the State of California condemned private property without affording owners the opportunity to conduct pre deprivation discovery necessary for the preparation of their defense to the taking. Do California's quick action laws deprive property owners of their 5th Amendment right for due process?


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