Question

Pepsi Bottling Co, wants to expand its Boorsville plant, which will bring 4,000 new jobs to the community. It wants to take over your adjacent farm land. You do not want to sell to Pepsi. Pepsi heard that the government recently made some citizens sell their land to the government when they built the new high school. Under current law, can Pepsi legally force you to sell your land to them? Yes or No?

What is the legal theory that supports your answer above. ?

Answer 1

Yes, the government can acquire land from any private persona and use it to give to the Pepsi for doing business. The theory that supports it is theory of eminent domain. The eminent domain theory states that government can acquire any land for the public use. The use of the land for benefiting the public at large is the important element that government will have to satisfy.

If the government acquires the aforesaid land and give it to Pepsi than Pepsi business operations would create employment and tax revenues for government which again it can utilize for public welfare.