Question
Property Law Question Oscar owned a famous mansion in a rural county, located on 80 acres that adjoined a scenic river. Because the unemployment rate
Property Law Question
Oscar owned a famous mansion in a rural county, located on 80 acres that adjoined a scenic river. Because the unemployment rate in the county was slightly higher than the statewide rate, the county was actively trying to recruit businesses to relocate there. Ida, an inventor who owned a successful technology company, tried to purchase Oscar's mansion, but he refused to sell at any price. Ida then approached the county board of supervisors and offered to move her company to the county, which would create new jobs, if the county would acquire title to Oscar's mansion by eminent domain and resell the mansion to her. The board of supervisors then voted to acquire Oscar's mansion for $5,000,000, its fair market value. The resolution adopted by the board stated, in part, "Ida will move her company to our county if she is able to purchase Oscar's mansion for her residents. This will create 75 new jobs in our county, which will help to revitalize the economy and provide increased tax revenue. Accordingly, once the county acquires the mansion, we will sell it to Ida." The county then filed a lawsuit against Oscar to condemn the mansion.
Who will win the lawsuit? Why? Also, consider Justice Kennedy's concurrence in Kelo.
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