How this document has been cited
The Fifth Amendment is now construed as a recognition of a preexisting power, rather than a grant of power.
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Holding that California's public trust interest in the Property survives the federal government's attempt to condemn it would subjugate the federal government's eminent domain power to California's state law public trust doctrine. See
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Mr. Martin's arguments can be used here: “To the extent that already existing VA mortgages were acquired from institutions... it might simply provide those institutions with funds to lend in other markets.”
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Once the question of the public purpose has been decided, the amount and character of land to be taken for the project of land and the need for a particular tract to complete the integrated plan rests in the discretion of the legislative branch.
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Payment of compensation is not a justiciable issue with reference to the Bihar Land Reforms Act XXX of 1950, in view of Articles 31 (4), 31A and 31B being applicable to the impugned statute. 87.
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