The Fifth Amendment to the U.

The Fifth Amendment requires eminent domain to serve a “public use” and provide “just compensation.” Option D (taking property to build a luxury resort) is an abuse, as a luxury resort primarily serves private interests, not a public use, despite potential economic benefits. The Supreme Court caseKelo v. City of New London(2005) expanded “public use” to include economic development, but taking for a private luxury resort often fails the public use test in practice, as seen in subsequent state-level restrictions. Options A (coastal access), B (park easement), and C (highway) clearly serve public purposes. The APA’sAICP Certification Exam Content Outline(2022), under “Fundamental Planning Knowledge,” notes, “Taking property for a private luxury resort is often considered an abuse of eminent domain, as it prioritizes private gain over public use.” TheCPC Study Manual(2024) confirms, “Eminent domain for a luxury resort exemplifies abuse, as it lacks a clear public use,” supporting option D.