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Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne
Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This paper is a transcript of testimony by Professor J. Peter Byrne before the U.S. Civil Rights Commission on August 12, 2011.
This hearing addresses claims that the use of eminent domain for economic development unfairly and disproportionately harms racial and ethnic minorities. These claims draw on the history of urban renewal prior to the 1960’s, when many African Americans and others were displaced by publicly funded projects that bulldozed their homes in largely failed attempts to modernize cities. Justice Clarence Thomas’s dissent in Kelo v. City of New London further argued that the use of eminent domain for economic …
Not In My Atlantic Yards: Examining Netroots’ Role In Eminent Domain Reform, Kate Klonick
Not In My Atlantic Yards: Examining Netroots’ Role In Eminent Domain Reform, Kate Klonick
Faculty Publications
(Excerpt)
Since the Supreme Court's decision in Kelo v. City of New London, which expanded the state's power to condemn private property and transfer it to other private owners under the Fifth Amendment, there have been significant calls to curb the power of eminent domain through statutory reform. Scholars and jurists in favor of eminent domain reform have asserted that legislation is needed to protect private property rights against the rising tide of state power, with many arguing that such reform should incorporate a public approval process into land use decisions. Those opposed to eminent-domain reform argue that empowering …