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Housing Law

Fordham Law School

2011

Eminent domain

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New York’S Fight Over Blight: The Role Of Economic Underutilization In Kaur, Kaitlyn L. Piper Jan 2011

New York’S Fight Over Blight: The Role Of Economic Underutilization In Kaur, Kaitlyn L. Piper

Fordham Urban Law Journal

This note discusses the issues raised by the policy of seizing land through eminent domain by saying that a certain property is "blighted". The author of the note feels that blight should be limited and not merely a way of saying that economic interests of the city are better served by seizing the property through eminent domain. Part I of this Note describes the background of eminent domain and, in particular, the elimination of blight as a qualifying public use. It summarizes the history of the “public use” requirement in the federal and state context and how economic underutilization fits …