|Abstract||This short essay was published by Shelterforce, the journal of affordable of housing and community development published by the National Housing Institute. It is largely taken from my law review article entitled "'We Shall Not Be Moved': Eminent Domain, Urban Redevelopment and the Socioeconomics of Just Compensation" published by St. John's Law Review. That article can be downloaded from SSRN at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=904224 This shorter piece focuses on the two proposals outlined in the second part of the law review article that are designed to curb abuses of eminent domain in the urban redevelopment context without destroying its effectiveness as a tool for community revitalization and, even, community empowerment. Specifically, homeowners should not be subject to eminent domain pursuant to a redevelopment plan until the majority of them have approved the plan. To further solidify resident ownership of redevelopment, the right to continued residency in the community should be protected by amending relocation laws to guarantee an alienable entitlement to be offered replacement housing in the redeveloped district area. Together, these two legislative reforms express a more nuanced balance of property and liability rules that will facilitate a more productive interface between community residents and redevelopment officials.|
|Keywords||No keywords specified (fix it)|
|Through your library||Only published papers are available at libraries|
Similar books and articles
Juliet M. Moringiello, Seizing Domain Names to Enforce Judgments: Looking Back to Look to the Future.
Dennis R. Cooky (2009). Understanding Social Welfare Capitalism, Private Property, and the Government's Duty to Create a Sustainable Environment. Journal of Business Ethics 89 (3):351 - 369.
Dennis R. Cooley (2009). Understanding Social Welfare Capitalism, Private Property, and the Government's Duty to Create a Sustainable Environment. Journal of Business Ethics 89 (3).
Andrew L. Dannenberg, Ralph Edwards, Karen Leone de Nie, Kimberly Redding & Howard Frumkin (2007). Leveraging Law and Private Investment for Healthy Urban Redevelopment. Journal of Law, Medicine and Ethics 35:101-105.
Mark Sagoff (1989). Ellen Frankel Paul: Property Rights and Eminent Domain. Environmental Ethics 11 (2):179-189.
Peter P. Cvek (1993). Private Property and the Power of Eminent Domain. Social Philosophy Today 8:131-149.
Randy E. Barnett (1987). Book Review:Takings: Private Property and the Power of Eminent Domain. Richard A. Epstein. [REVIEW] Ethics 97 (3):669-.
Loren A. King (2004). Democracy and City Life. Politics, Philosophy and Economics 3 (1):97-124.
Sorry, there are not enough data points to plot this chart.
Added to index2009-01-28
Total downloads1 ( #274,830 of 549,090 )
Recent downloads (6 months)0
How can I increase my downloads?