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Against Mushy Balancing Tests In Blight Condemnation Jurisprudence, Roderick M. Hills
Against Mushy Balancing Tests In Blight Condemnation Jurisprudence, Roderick M. Hills
Fordham Urban Law Journal
Professor Somin has written an incisive critique of the New York Court of Appeals’ decisions in Kaur and Goldstein, the gist of which is that the Court did not do enough to stop “highly abusive blight condemnations.” There are, however, two difficulties with the critique. First, as a matter of legalistic interpretation of the New York Constitution, the critique is not very persuasive. Second, as a matter of policy, Professor Somin’s proposal is unlikely to be adopted by any judge influenced by the same political process that lead to the condemnations that Professor Somin attacks.
Eminent Domain--Blight Declaration--Extensive Delay In Initiating Condemnation After Declaration Of Blight May Constitute A Taking Under State Constitution, Janine P. Hornicek
Eminent Domain--Blight Declaration--Extensive Delay In Initiating Condemnation After Declaration Of Blight May Constitute A Taking Under State Constitution, Janine P. Hornicek
Fordham Urban Law Journal
In 1958, the City of Trenton examined the possibility of redeveloping a large portion of its downtown area. In 1967, after a tortuous planning process, the land designated for redevelopment was declared blighted. Plaintiff, the owner of a large commercial building in this redevelopment area, alleged that in 1963 it began losing tenants because of the widespread publicity given to the threatened condemnation. After the 1967 declaration of blight, the area deteriorated markedly. By 1973, plaintiff’s building was almost entirely vacant, yielding $6,300 in rent compared to costs of $9,500 in insurance changes and $30,000 in annual property taxes. Plaintiff …