There are several notable legal issues related to facility financing proposals, team relocation, and property acquisition for new stadiums and arenas. The purpose of this assignment is to analyze facility financing legal issues involved in prefinancing, postfinancing, and eminent domain.
In 1,000-1,250 words, address each facility financing issue listed below:
Prefinancing
Since taxpayers often bear a significant bulk of the cost relative to facility financing proposals, it has become fairly common for new stadium proposals involving public financing to be challenged in the courts. Groups who challenge stadium financing proposals make three primary legal arguments. Identify and explain each of these arguments, citing at least two specific cases.
Postfinancing
There are additional legal challenges that arise after a stadium has been financed and built because a team threatens to leave for another city with a newer stadium or arena. Identify two specific examples of cities exercising their contractual rights under the stadium or arena lease agreements either to prevent a team from leaving or to slow its departure.
Eminent Domain
Modern day stadium or arena projects commonly include hotels, restaurants, shopping malls, and other commercial developments. In these types of projects, the privately held surrounding commercial and residential properties are vulnerable to being taken over by the city or county. Explain the concept of eminent domain and provide one example of a notable eminent domain controversy.
Sample Solution
