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MMLU / A corporation, under the authority of a statute of the state, sued to have…

Problem

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question

A corporation, under the authority of a statute of the state, sued to have condemned 1,000 acres of forested land owned by a timber company, which it planned to develop for use as a state recreational area and state game lands. After a hearing, the state court ordered possession of the land surrendered to the corporation, prior to determination of compensation, upon deposit in court of a sum deemed adequate to cover damages that might be awarded. The timber company immediately commenced an action to enjoin the court-ordered sale of its property. Which of the following would be the best ground for upholding the state court's order?

choices

  1. The power of eminent domain may only be delegated directly to a private enterprise for a public related use or activity.
  2. The power of eminent domain may only be delegated to a public authority through a legislative determination.
  3. The injured party has not proved such irreparable injury to use as amounts to a "taking. "
  4. The Fifth Amendment's power of eminent domain, incorporated by the Fourteenth Amendment as applicable to the states, does not require that payment be made prior to condemnation of the property.

subject

professional_law

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Source and history

task_id
133ac6b4-1f47-5417-b977-ee32ba6d32eb
task_key
all--test--133ac6b4-1f47-5417-b977-ee32ba6d32eb
task_revision_id
1
config / split
all / test

Official source

initial import