In Part 1 of this paper, I describe the evolution of interpretation of the "public use" clause that authorizes the use of eminent domain for urban redevelopment. In Part 2, I chart the effort to narrow the scope of public use in order to eliminate or police redevelopment by condemnation. In this part, I present and analyze the arguments for such reinterpretation and the new rules suggested for how public use should be understood. I also sketch the changing economic and political situation of cities that lead them to take this activist approach to positive economic planning. I conclude that courts cannot justify limiting condemnation through policing the purposes for which condemnation is sought. In Part 3, I argue for expanded procedural protections before condemnation can deprive people of their homes. I also argue for the justice of changing our interpretation of "just compensation" to pay homeowners for the psychic and community losses they suffer through displacement.
23 UCLA J. Envtl. L. & Pol'y 131-169 (2005)
Scholarly Commons Citation
Byrne, J. Peter, "Condemnation of Low Income Residential Communities Under the Takings Clause" (2005). Georgetown Law Faculty Publications and Other Works. Paper 64.