America's Constitution Assignment Example | Topics and Well Written Essays - 1000 words - 3

America's Constitution - Assignment Example By taking this action, the plaintiff queried if it was really constitutional. Although it was done under the guidance of the Takings Clauses of the Fifth Amendment, it was challenged for not in a compliance with the public purpose. However, according to the Michigan Comp Laws clause 213.23, a county government has an authority to condemn a private property and use it for public purposes. Meaning, whenever a municipality decides to condemn a private property, it should be used for the activities which are meant for the common good such as the creation of employment opportunities to the citizens. So, like in this case, the municipality was constructing the park to help in generating numerous jobs to the people. This would be a good initiative that would help in reducing the high rate of unemployment within the municipality and helping the municipality to increase its revenues through taxation. As clearly spelled out in the article 10(2) of the Michigan Constitution, any constitutional condemnation should be justly done. Meaning, whenever the government seizes a private property, the owner must be fairly and justly compensated. A fair compensation simply refers to giving financial payments that correspond to the current and actual market value of the property as at the time of condemnation (Amar93). Therefore, while planning to build such a big park, the County of Wayne must be ready to compensate all the individual owners whose property has been condemned. After all, condemnation is a constitutional process that is permitted by the law if done for a public purpose.