The Use and Abuse of Eminent Domain in Relation to Urban Development PDF Download
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Author: Marina Ristić
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 196
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Book Description
Author: Marina Ristić
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 196
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Book Description
Author: Dwight H. Merriam
Publisher: American Bar Association
ISBN: 9781590316382
Category : Business & Economics
Languages : en
Pages : 376
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Book Description
This book is a comprehensive analysis of the U.S. Supreme Court decision in Kelo v. City of New London. It addresses the controversial and important question of when eminent domain may constitutionally be used to take property for projects that are not publicly owned and operated facilities, such as schools and town halls. The volume captures and conveys the context within which this debate is taking place as well as offers guidance concerning the Kelo decision itself and how it may be used.
Author: Laura Jay
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
A process by which the city, developers, community members and property owners can negotiate developments needs to be a focus of cities moving forward to ensure both growth and equity within the process to mitigate the impact of politics in the long term development decisions of cities.
Author: B. Benson
Publisher: Springer
ISBN: 0230107796
Category : Business & Economics
Languages : en
Pages : 324
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Book Description
In an effort to understand the reasons for and consequences of the political backlash to the U.S. Supreme Court decision, Kelo v. New London, this book brings together a diverse group of scholars and practitioners who explore the uses and abuses of eminent domain and regulatory takings.
Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 022645682X
Category : Law
Languages : en
Pages : 377
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Book Description
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
Author: Irene Hines
Publisher:
ISBN: 9781634834414
Category : Eminent domain
Languages : en
Pages : 151
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Book Description
The Fifth Amendment to the U.S. Constitution states that government shall not take private property except for "public use" and with "just compensation." Officials from national organizations and state and local governments cited various purposes for which eminent domain can be or has been used, including the building or expansion of transportation-related projects; the elimination and prevention of conditions that are detrimental to the physical, social, and economic well-being of an area; remediation of environmental contamination; and economic development. This book provides information on the purposes for and extent to which eminent domain can be and has been used; the process states and select localities across the country use to acquire land, including by eminent domain; how the use of eminent domain has affected individuals and communities in select localities; and the changes state legislatures made to laws governing the use of eminent domain from June 2005 through July 2006.
Author: Deborah Lynn Becher
Publisher: Oxford University Press, USA
ISBN: 0199322554
Category : Business & Economics
Languages : en
Pages : 361
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Book Description
This volume explores the legitimacy of government involvement in private economic actions by presenting a study of property takings. In the first comprehensive study of a city's eminent-domain acquisitions, Debbie Becher explores which properties Philadelphia pursued for private redevelopment and how stakeholders decided that government actions were either a use or abuse of power.
Author: Steven Greenhut
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 332
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Book Description
An exploration of eminent domain looks at the concept of "public use," the injustice and unfairness inherent in the definition when it is based on tax revenue, and the people who are fighting back to preserve their property rights.
Author: Gregory K. Ingram
Publisher: Lincoln Inst of Land Policy
ISBN: 9781558441880
Category : Law
Languages : en
Pages : 483
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Book Description
Author: Martin E. Gold
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Blight findings have functioned as a cornerstone for condemnation since the great urban decline of the mid-twentieth century prompted governments at all levels throughout the country to intervene in the real estate market. Elements of blight, and then the term itself, became a basis for this intervention. But the use of blight as a basis for takings has become increasingly controversial as its application has migrated from slum clearance to urban renewal, then to economic development projects, and on to revenue-enhancing projects. And, at the same time, the definition has been expanded to give government greater and greater latitude. Immediately following the largely negative reaction to the U.S. Supreme Court decision in Kelo vs. City of New London, home owners, business activists and state politicians sought "reform" to their state's eminent domain statutes. One of the most important items on the agenda was the use and abuse of blight. In this paper, we take a close look at the issue. We briefly describe the origins of the use of the term and discuss how, in the absence of a clear, unambiguous definition, the eminent domain statutes of the nation's fifty states describe blight through locally developed definitions and criteria which are complicated and diverse. Even prior to Kelo, several states enacted reforms aimed at curbing abuses arising from their blight criteria, but these reforms did not change the character of the definition or the highly subjective aspects of its application. Eminent domain is a balance between government and public needs on the one hand and property owner rights on the other. As a means of evaluating the use of eminent domain and blight findings, we lay out a hierarchy for projects in which the level of public benefits is compared with the level of private benefits. Where a particular eminent domain taking falls along our spectrum will depend upon its ratio of public benefits to private benefits. In addressing abuses in the use of blight criteria, we look at the reforms made in the post-Kelo era. Although forty-three states enacted Post Kelo reforms, clashing political and business forces failed to check the permissiveness under which private property in most states can still be condemned as "blighted." So we turn our attention to the creation of a better definition and criteria. We focus on two major reforms: the elimination of the most abused criteria and the use of quantification. Believing, as we do, that there are clear and compelling reasons for using the power of eminent domain for public purposes (and not just pure public use) our purpose is to see established thoughtfully crafted, objective and measurable, standards for the determination of blight.
