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After three children residing in the City of Corinth were bitten by poisonous snakes, the City Council passed an ordinance which prohibited keeping poisonous snakes
- After three children residing in the City of Corinth were bitten by poisonous snakes, the City Council passed an ordinance which prohibited keeping poisonous snakes within city limits. Snake Haven, a reptile preserve, was located in the city of Corinth. Prior to passage of the ordinance. Snake Haven engaged in the business of breeding poisonous snakes, which it sold throughout the world. In addition, Snake Haven conducted tours of its facility, charging an admission fee to persons who entered for that purpose. Following the passage of the ordinance, Snake Haven instituted a claim against the City of Corinth in a state court, asserting that it was entitled to just compensation under the Fifth Amendment to the United States Constitution. Will Snake Haven win?
- Yes, if the ordinance resulted in a taking of private property for public use.
- Yes, unless the City of Corinth can establish that the ordinance serves a compelling interest.
- No, because the Just Compensation Clause of the Fifth Amendment is not applicable to takings by a state or municipality.
- No, if any person had been bitten by a snake kept by Snake Haven.
- Yes, if the ordinance resulted in a taking of private property for public use.
- Yes, unless the City of Corinth can establish that the ordinance serves a compelling interest.
- No, because the Just Compensation Clause of the Fifth Amendment is not applicable to takings by a state or municipality.
- No, if any person had been bitten by a snake kept by Snake Haven.
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