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MGMT 367: Business Law II
Week 8 Discussion Assignment - 2 Parts
Part 1
Chapter 44 covers real property law, but to fully appreciate the limitations to your real property rights, you need to understand the 5th Amendment Takings Clause (see pp. 114-118). The textbook provides excerpts from the Kelo v. City of New London opinion, but to fully appreciate this landmark case, I’ve provided a separate link to the Court’s opinion and a video that explains the case and its ultimate outcome. After reading and viewing the video, share with the class your viewpoint on whether eminent domain be used for “economic development” and whether you agree with the majority or dissenting opinions. I think it should be on a case –by- case basis. In the video we found out after Suzette’s years of struggle she finally lost her case, but the intended development never was completed. People were forced out for no reason. Using eminent domain the government can take from the poor and give to the rich. I understand that the Takings Clause is supposed to ensure that just compensation is paid. What is just if you have improved the land and held it for a lifetime? I would not want to be put out and have to start over for what a government entity calls just compensation. I think there are plenty of places that can benefit from “economic development” but “eminent domain” should be the last resort, due to this I agree more with the dissenting opinions in this case. When roads or bridges are needed for the good of all, then eminent domain is rightfully used.
Part 2
Read the section on Living Wills in Chapter 47. Share your thoughts on this subject. Do you have a living will? If not, does this change your thoughts about the issue? Most states have enacted standardized living will forms. Research online to see if you can find a standardized living will form for the state in which you reside

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