3. Now put yourself in the shoes of a lawyer employed by the City Counsel. Can you think of a constitutional objection to the developer's initiative? 4. Conversely, can you think of an argument in favor of the proposition that the construction of the Shopping Center serves the public use? C) Takings - Holdout 5. Suppose the City Council objects to government taking the contiguous properties. You are the developer's attorney. Your client decides to privately negotiate with each property owner the purchase of his individual tract of land. Your client asks you not to disclose (as much as possible) that each purchase is part of a larger project that requires the purchase of the separate pieces of land. Why would your client ask you to do that? D) Takings - Just Compensation 6. Let us compare taxation and expropriation as alternative means to raise revenues for the government. Does expropriation resemble more closely a tax on shoes or on clothes? Explain briefly how your answer relates to distortions in the behavior of people who own the property or pay the tax. E) Regulatory takings 7. Which of the following best describes the difference between eminent domain and regulatory taking? a. Under eminent domain, the injured property owner receives just compensation. b. Under eminent domain, a government takes title to someone's private property, but with a regulatory taking there is no transfer of title. c. There is no difference between the two. d. Under eminent domain, property is taken for public use and given to the public, but with a regulatory taking, property is given to private parties. 3. Now put yourself in the shoes of a lawyer employed by the City Counsel. Can you think of a constitutional objection to the developer's initiative? 4. Conversely, can you think of an argument in favor of the proposition that the construction of the Shopping Center serves the public use? C) Takings - Holdout 5. Suppose the City Council objects to government taking the contiguous properties. You are the developer's attorney. Your client decides to privately negotiate with each property owner the purchase of his individual tract of land. Your client asks you not to disclose (as much as possible) that each purchase is part of a larger project that requires the purchase of the separate pieces of land. Why would your client ask you to do that? D) Takings - Just Compensation 6. Let us compare taxation and expropriation as alternative means to raise revenues for the government. Does expropriation resemble more closely a tax on shoes or on clothes? Explain briefly how your answer relates to distortions in the behavior of people who own the property or pay the tax. E) Regulatory takings 7. Which of the following best describes the difference between eminent domain and regulatory taking? a. Under eminent domain, the injured property owner receives just compensation. b. Under eminent domain, a government takes title to someone's private property, but with a regulatory taking there is no transfer of title. c. There is no difference between the two. d. Under eminent domain, property is taken for public use and given to the public, but with a regulatory taking, property is given to private parties