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Homework answers / question archive / After three children residing in the City of Corinth were bitten by poisonous snakes, the City Council passed an ordinance which prohibited keeping poisonous snakes within city limits

After three children residing in the City of Corinth were bitten by poisonous snakes, the City Council passed an ordinance which prohibited keeping poisonous snakes within city limits

Law

  1. After three children residing in the City of Corinth were bitten by poisonous snakes, the City Council passed an ordinance which prohibited keeping poisonous snakes within city limits. Snake Haven, a reptile preserve, was located in the city of Corinth. Prior to passage of the ordinance. Snake Haven engaged in the business of breeding poisonous snakes, which it sold throughout the world. In addition, Snake Haven conducted tours of its facility, charging an admission fee to persons who entered for that purpose. Following the passage of the ordinance, Snake Haven instituted a claim against the City of Corinth in a state court, asserting that it was entitled to just compensation under the Fifth Amendment to the United States Constitution.

    Will Snake Haven win?
    1. Yes, if the ordinance resulted in a taking of private property for public use.
    2. Yes, unless the City of Corinth can establish that the ordinance serves a compelling interest.
    3. No, because the Just Compensation Clause of the Fifth Amendment is not applicable to takings by a state or municipality.
    4. No, if any person had been bitten by a snake kept by Snake Haven.

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1. Yes, if the ordinance resulted in a taking of private property for public use.

Step-by-step explanation

In the case at bar, the ordinance passed by the City Council does not mean that the government will take or confiscate the poisonous snakes of Snake Haven. The ordinance merely prohibits keeping of snakes within city limits thus, the Snake Haven has the option not to give up the snakes by relocating it or even to sell their poisonous snakes throughout the world as it has been already in the business of doing. It is well settled that property may be regulated by the government for public health and safety.

 

Nonetheless, if the regulations imposed are so substantial that the person looses his natural rights in the property, it is considered a taking and the government is bound to pay compensation. The Fifth Amendment provides that: "Nor shall private property be taken for public use, without just compensation."

 

Thus, Snake Haven's winning will depend on the action of the City of Corinth. If there will be taking of the property of the Snake Haven due to the passage of the ordinance then it is correct in asserting that it is entitled to just compensation under the Fifth Amendment to the United States Constitution. 

 

The prohibition in this case does not automatically result to taking but merely acts as a regulation for public health and safety. 

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