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Full-Text Articles in Law
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.
A Second Take: Re-Examining Our Regulatory Takings Jurisprudence Post-Tahoe, Robert W. Diubaldo
A Second Take: Re-Examining Our Regulatory Takings Jurisprudence Post-Tahoe, Robert W. Diubaldo
Fordham Urban Law Journal
This Note discusses the aftermath of the landmark case, Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agencey. This Comment first discusses the background of regulatory takings jurisprudence, from Justice Holmes' landmark Pennsylvania Coal opinion to the present. It further analyzes the recent Tahoe decision, focusing on both the strengths and weaknesses of the decision and its potential impact on the future of takings. Finally, the Comment offers a different analytical framework from which to analyze regulatory takings. Under this theory, courts would abandon the partial/total distinction, and instead focus on the actual loss from the landowner's point of view. …
Takings Law And The Regulatory State: A Response To R.S. Radford, William Michael Treanor
Takings Law And The Regulatory State: A Response To R.S. Radford, William Michael Treanor
Fordham Urban Law Journal
In the Winter 1994 issue of the Fordham Urban Law Journal, R.S. Radford reviewed Dennis Coyle's book "Property Rights and the Constitution." Radford's theory relies on the idea that property rights deserve greater constitutional protection than they have received in the 60 years since the Supreme Court accepted the legitimacy of the regulatory state. This article reviews Radford's interpretation and criticism of Coyle's theory, analyzes Radford's theories in light of recent cases, and discussed the constitutional implications of Radford's analysis and how they relate to the economic regulations that they empower.
Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert
Tenements And Takings: Tenement House Department Of New York V. Moeschen As A Counterpoint To Lochner V. New York, Judith A. Gilbert
Fordham Urban Law Journal
“The sharp rightward shift in land use law, and particularly in ‘takings’ jurisprudence, in the 1980s prompted anguished responses from advocates of government regulation who characterized the trend as a ‘return to the good old days of Locke and Lochner,’ ‘the Reagan Revolution's Lochnerian [r]eturn,’ ‘a revival of decisions like Lochner,’ ‘origins [in] the set of beliefs associated with the Lochner era,’ and ‘Back to the Future: From Nollan to Lochner.’ Critics were reacting in particular to an ominous alignment in the constitutional heavens: a constellation of United States Supreme Court decisions restricting the ability of state and local governments …
Public Land Ownership: Frameworks For Evaluation, Edward F.C. Mcgonagle
Public Land Ownership: Frameworks For Evaluation, Edward F.C. Mcgonagle
Fordham Urban Law Journal
In November 1975, York University sponsored a Public Land Ownership Conference in Toronto, Canada. It's purpose was to examine public land ownership as a means to accomplish social objectives related to land use. This book, organized into five chapters, is an outgrowth of the conference and consists of papers prepared for the conference and commentaries made by various conferees, with the additions of a general introduction, concluding commentary, and a preface for each chapter with an introductory essay on the general theme of the chapter. A compilation of papers from various writers may pose problems for readers through the incredibly …
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 …