Question 1. Where should society come down, on the side of private property owners’ rights, or on the side of governmental regulation of property use to make it conform to the desires of neighboring property owners. For instance, in a nearby upscale community, there exists a multi-use development. Back toward a prominent lake there are significant homes, with sales prices from $300,000 to $1 Mil. Between that housing development and the State Highway, are located an apartment complex that pretty much runs the width of the development. Out toward the road, is land that was designated to accommodate commercial enterprises. A dentist’s office has been located on that property. Now, a combination veterinary office and kennel is proposed. To locate it there would take the granting of some minor zoning regulation modifications. Many of those folks who own the “upscale” homes are complaining about the possibilities of excessive noise odor and fouling of the water in the lake, despite the fact that the design of the kennel will be all internal and sound-proofed (that is, no external pet runs are proposed) and the kennel will be adequately served by the city’s water and sewer facilities so that there should be no impact at all in the area. As an owner of one of the homes, do you nonetheless feel that your community should honor your fears (as baseless as they may be) and require the business owner to locate elsewhere regardless of cost to the business? As the owner of the business, what do you believe you are entitled to?
If ultimately the business owner is required to find an alternative site on which to locate its business at greater expense, should the business owner be compensated? By whom, the community or the protesting neighbors? Why or why not? If we look at the concept of Due Process, does it help us sort through this?
7 Grade Points
Question 2. Why is the phrase “Due Process” the only phrase which is repeated twice in the Constitution, once in the 5th Amendment and once in the 14th? Outline the two types of Due Process, both procedural and substantive, and explain where they fit into our governmental system and how they affect it?
3 Grade Points
Total, 10 Grade Points