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Questions and Answers
The Power of Eminent Domain is the power of the government to take private property for private use.
The Power of Eminent Domain is the power of the government to take private property for private use.
False
Police Power is limited and easily constrained by legal boundaries.
Police Power is limited and easily constrained by legal boundaries.
False
The Power of Eminent Domain can only be exercised by the President.
The Power of Eminent Domain can only be exercised by the President.
False
When the Power of Eminent Domain is exercised by Congress, it can be questioned in Court.
When the Power of Eminent Domain is exercised by Congress, it can be questioned in Court.
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The Power of Eminent Domain presupposes equivalent compensation for the private property taken.
The Power of Eminent Domain presupposes equivalent compensation for the private property taken.
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Police Power is based on the legal maxim that 'the welfare of the people is the highest law.'
Police Power is based on the legal maxim that 'the welfare of the people is the highest law.'
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The entity that may exercise Police Power is limited only to the legislature.
The entity that may exercise Police Power is limited only to the legislature.
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Exercising Police Power requires a lawful subject and must be done by lawful means.
Exercising Police Power requires a lawful subject and must be done by lawful means.
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Delegated exercise of Police Power has no additional limitations beyond those required for direct legislative exercise.
Delegated exercise of Police Power has no additional limitations beyond those required for direct legislative exercise.
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When exercising the Power of Eminent Domain, public necessity is a requisite that can always be questioned in court.
When exercising the Power of Eminent Domain, public necessity is a requisite that can always be questioned in court.
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