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

Problem

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question

A corporation under the authority of a state statute, sued to have condemned 1,000 acres of forested land owned by a tree company. The corporation intended to use the land to develop physical endurance and obstacle courses meant to train private security firms and forest rangers. After a hearing, the state court ordered possession of the land surrendered to the corporation upon deposit in court of a sum deemed adequate to cover damages that might be awarded. The tree company immediately commenced an action to enjoin the court-ordered sale of its property. Assume that the tree company was not given any notice of the condemnation proceedings by the appropriate state authorities. The tree company's best argument for challenging the validity of the condemnation proceedings would be

choices

  1. violation of procedural due process.
  2. violation of substantive due process.
  3. unlawful delegation of legislative power because the state's legislature had no authority to delegate power to a private enterprise for eminent domain.
  4. the tree company is entitled to a judicial or administrative proceeding in order that the amount of compensation may be determined prior to any "taking. "

subject

professional_law

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