home / study / business / finance / finance questions andanswers / johnny appleseed owns a 356 acre fruit orchard withscenic river frontage along the floodsalot ... Your question hasexpired and been refunded. We were unable to find a Chegg Expert toanswer your question. Question: Johnny Appleseed owns a 356 acrefruit orchard with scenic river frontage along the Floodsalot Ri...Johnny Appleseed owns a 356 acre fruit orchard with scenic riverfrontage along the Floodsalot River which he purchased in 1976.Early in the 1930s, the state government received money from thefederal government to be used on projects that would stimulate theeconomy and create jobs. Starting in 1934, the state began to erecta dam 4 miles upstream from what would become Johnny’s property.The dam was completed in 1939 and provided electricity, water fordrinking, flood control and recreational activities on thereservoir. In 1996, the state experienced an unusually rainy winterand that spring, after almost 60 years of reliability, the dambegan to show evidence of stress and leaks began to appear.Engineers conducted an emergency inspection of the dam andconcluded that water must be released quickly or the valley belowmight run the risk of a catastrophic flood. Acknowledging thatreleasing water in the manner recommended would cause some limitedflooding, the agency responsible for operating the dam released thewater. Sadly, Johnny’s fruit orchard was flooded and, as a result,he lost his crop for that year. In addition, many of the fruittrees in his orchard were damaged beyond repair and Johnny wasfaced with the expensive prospect of replacing these trees andwaiting several years for the trees to mature enough to bear fruit.ASSIGNMENT: Assuming that there has been a “taking” as defined inyour textbook, was this a taking under the state’s right of eminentdomain (therefore requiring due process and compensation) or ataking under the state’s police powers (therefore no compensationis required)? You decide which taking applies in this case andwrite a paper defending your decision and how pertinent andrelevant your authority is for supporting your position. If anyonecould offer me their opinion on what direction to take this in Iwould appreciate it! To clarify: "taking" means a governmentseizing or property