The Government's Power of Eminent Domain
Eminent domain is the power of the government to take private land for public use. This power is limited by the federal Constitution and by state Constitutions. ... The government provides the landowner a fair price, and the landowner yields the property to public use.
Answer:
A Federal Statute and a State Constitutional Provision
The judge is likely to prevail in this case.
Explanation:
In any matter where the federal statute prohibiting age discrimination conflicts with a state constitutional provision, the U.S. Constitution or the federal statute will prevail. This means that based on this conflict, the state constitutional provision will be declared unconstitutional and unenforceable. The reason is that federal statutes or the U.S. Constitution takes priority over all other laws. Therefore, the judge will prevail in the lawsuit and prevent the state governor from replacing him.
Zoning regulations impose restrictions on how a particular property can be used and establish requirements such as building heights and setbacks. ... On the other hand, zoning advocates maintain that zoning ensures land is developed in a manner that protects the rights of all members of a community.
