Chapter 15, Problem 3RP

Taylor owns a 150-unit motel that was constructed in the late 1960s. It is located on 10 acres on the main highway leading into the city. Taylor renovated the motel three years ago.

Taylor’s motel is condemned by the city, which is going to use 2 of the 10 acres for a small park. Taylor will sell the other 8 acres to a time-share developer who intends to build 400 units on the property. The developer already has secured approval from the city planning commission.

Taylor’s attorney advises him not to contest the condemnation of the 2 acres for the park. Under the eminent domain provision, the city does have the right to take “private property for public use.” However, the attorney advises Taylor to contest the condemnation of the remaining property. According to the attorney, the city does not have the right to take “private property for private use.”

The city’s position is that the condemnation will result in a substantial number of new jobs and additional tax revenue for the city.

Will Taylor be successful if he follows his attorney’s advice? Summarize your findings in a two- to three-paragraph e-mail to your instructor.