“The United States Supreme Court taking powers for real property are just and necessary.

“The United States Supreme Court taking powers for real property are just and necessary.

Unlike many English language constitutions, the United States Constitution specifically provides for a mechanism for the government to involuntarily take private real property from its citizens. The only requirement that the government must show is that the taking is for a “public” purpose. There is no requirement that the taking be “necessary” or even “reasonable.” Any stated government purpose suffices. If the public purpose is demonstrated, then the government, state or federal, may take the property and provide the previous owner with “fair value” or compensation for the taking.

For your discussion in this module, we will use the basic debate form. The proposition set forth is this: “The United States Supreme Court taking powers for real property are just and necessary. No modifications need exist to the takings clause at this time.”

Only needs to be one paragraph long

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The debate which revolves around the United States Supreme Court having the powers or granting the government the powers to take real property has long been argued by many supporters and individuals who do not support the Taking Clause (Cohen, 2005). Individuals who have argued that the powers are not only fair but are necessary and no modifications should be made to the clause have no sufficient basis for their arguments.

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