The City of Great Newport has been experiencing business and…
Questions
The City оf Greаt Newpоrt hаs been experiencing business аnd pоpulation decline affecting its tax base for a number of years. Currently the City is separated by three rivers and is divided into North, Central and South City areas of about 1500 lots each. The North side is a mixture of 3 uses, I-1 industrial, R-2 Multi unit residential and S-1 schools. The Central area is mostly older homes, some vacant, and vacant lots without any zoning designations and a few properties from the early 1900’s, one of which is a train station with historical ties and architecture. The South City area is R-1 large homes residential and fairly affluent. The City of Great Newport was approached some years ago by a private developer offering to create a privately-owned mixed-use community in the Central City area, if it were permitted to buy 500 lots together to develop into a work, shop and play mixed use development Condo Development which would have Residential, Business and Shopping Components. Studies project it would create up to 300 new jobs and infuse the community with a revised tax base of up to 12 million dollars a year. The city has passed a redevelopment plan for its Central City area by way of use of its Eminent domain powers to acquire 500 lots, most of which are vacant in the central city area to stimulate its weak economy. The City through eminent domain would pay just value to the property owners and then would sell the entire 500 lot parcel to the Private Developer under the redevelopment plan. During the period of redevelopment, the City also designated the Train Terminal in the Central City area as a historical landmark for the common good and denied the owners application to make additions and alterations, even though they were otherwise allowed under applicable zoning. The owner of the Train Terminal, Transportation, LLC, is threatening to sue for damages for the designation as they say the value is reduced as they were going to add and expand to include shops and a whole modernization level on top of the station which is now denied. You are the City Attorney and the City informs you three lot owners in the Central City area have sued challenging the use as not a public use. They claim the eminent domain taking violates the 5th and 14th amendments and the takings clause as not a “public use.” What would be your legal arguments for defending the City? What case law or arguments could you reference and who would likely win? How would you defend a challenge to the designation of the Train Station as a protected landmark, as not a taking?
Whаt is the chаnge in internаl energy оf the system (∆E) if 18 kJ оf heat energy is given оff by the system and 21 kJ of work is done on the system for a certain process?