TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 11 P46

Gale Encyclopedia of American Law Volume 11 P46 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW KELO V. CITY OF NEW LONDON 437 property continues to be used for the commonweal after being sold to private entities. Hathcock id. at 784 see also Poletown 304 at 479 Ryan J. dissenting noting such entities as railroads being subject to a panoply of regulations . Rather Respondents here intend for private developers to pursue their own financial welfare like any other private enterprise. Whatever developments eventually go in this area will be controlled and operated by the private To give but one example the developer of the office space in Parcel 3 of the Fort Trumbull development plan not the City or the NLDC will on its own select the tenants if private offices are eventually built in the area. See Pltfs. Exh. HHH at 27 lns. 1-12 As a developer we will seek tenants and we will make selections of tenants. testimony of Marty Jones president of developer Corcoran Jennison emphasis added . Unlike private entities such as railroads or utilities the developer in this case will be able to decide who is serviced by the new office buildings and who is not and will be able to set the rents for the tenants without being subject to a thorough regulatory regime like common carriers face. Accordingly the development projects here are completely different than the use of eminent domain for such enterprises as railroads utilities and other closely-regulated The third category discussed in Hathcock covers instances where the land transferred to a private party is selected on the basis of facts of independent public significance. Hathcock id. 20As the court in Hathcock noted The public benefit arising from the Pinnacle Project the project at issue in Hathcock is an epiphenomenom of the eventual property owners collective attempts at profit maximization. No formal mechanisms exist to ensure that the businesses that would occupy what are now defendants properties will continue to contribute to the health of the local economy. .

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