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93. Is the law constitutional?
A state law to promote tourism creates an easement across a portion of a private farm for hikers who wish to use a historic trail that crosses the farm. The law allows the farm's owner to charge hikers a fee to cover the costs of this use, but it does not otherwise compensate the owner.
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A is incorrect. The privileges and immunities clause of the Fourteenth Amendment is limited to rights of a special national nature, such as the right to travel. No such rights are at issue here. Thus, the privileges and immunities clause does not apply.
C is incorrect. Just compensation is determined by the fair market value of the property taken by the state. Although the state law allows the owner to charge a fee to hikers who use the trail on the farm, the fee is not equivalent to the fair market value of an easement across the land at issue.
D is incorrect. The state law is subject to the takings clause, which requires the state to pay just compensation when it takes an individual's property, even if the taking serves a public purpose. Here, the state law does not require the state to pay the farm owner the fair market value of the land taken, which makes the state law unconstitutional.