Author Question: The head of a state's department of public roadways decides to use eminent domain to take property ... (Read 60 times)

mckennatimberlake · **on:** Aug 2, 2018

The head of a state's department of public roadways decides to use eminent domain to take property
so as to make a new interchange. The owner of the property sues the department head for an abuse of
discretion as to the placing of the interchange. That department head should not expect to face liability
due to the defense of

A) immunity B) mistake
C) public necessity D) privilege

Question 2

When a state decides to take several homes through an exercise of eminent domain, the owners
decide to challenge this exercise of discretion in Federal Court. Will the homeowners win?

A) no
B) yes, because of the Eleventh Amendment
C) only if the state has failed to exercise its discretion properly
D) yes, because the state abused its discretion