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Full-Text Articles in Law
Urban Revitalization In The Post-Kelo Era, Lynn E. Blais
Urban Revitalization In The Post-Kelo Era, Lynn E. Blais
Fordham Urban Law Journal
An ongoing urban revitalization project arrested by legislative reponses to the Kelo decision is likely to play out in many cities and towns across the country in the next few years. Since Kelo was decided, thirty-four states have adopted some responsive legislation or constitutional amendment. These new laws, to varying degrees and using various mechanisms, limit the power of state and local governments to use eminent domain to faciliate economic redevlopment projects. This Article explores the reach of these statutes and their likely consequences for ongoing and future urban revitalization project.
The Houses That Eminent Domain And Housing Tax Credits Built: Imagining A Better New Orleans, Carol Necole Brown, Serena M. Williams
The Houses That Eminent Domain And Housing Tax Credits Built: Imagining A Better New Orleans, Carol Necole Brown, Serena M. Williams
Fordham Urban Law Journal
Proposals for investing in and rebuilding urban enclaves such as New Orleans are layered with controversy and difficulty. One of the most significant impediments to rebuilding New Orleans will be addressing the need to replenish the depleted rental housing market. Racial and economic integration of housing markets and appropriate use of private sector money to replenish the rental housing stock within a "reasonable" time period are indispensable components of a responsible revitalization and renewal plan. This Article contends that a combination of the smart exercise of eminent domain and of "housing production subsidies" -- housing tax credits -- is necessary …
Brownfields At 20: A Critical Reevaluation, Joel B. Eisen
Brownfields At 20: A Critical Reevaluation, Joel B. Eisen
Fordham Urban Law Journal
This Articles looks at brownfields policies in one state, New Jersey, and suggests how to make the approach of brownfields revitalization more development-centered and less developer-centered. Following a basic description of the New Jersey Program, this Article discusses two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program.
City Governments And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback
City Governments And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback
Fordham Urban Law Journal
This Article assesses the legal challenges that cities can face in trying to deal with predatory lending. Part I provides an overview of the problem. Part II focuses on the common law and statutory claims that cities might bring, with particular emphasis on the evidentiary isses that cities can face and the requirements of standing that could severely limit the effectiveness of lawsuits brought by municipalities. The Article then turns to city efforts to regulate predatory lending pursuant to their home rule authority, efforts than can be stymied both by state laws that supersede municipal ordinances and federal regulations that …
Winding Toward The Heart Of The Takings Muddle: Kelo, Lingle, And Public Discourse About The Private Property, Jane B. Baron
Winding Toward The Heart Of The Takings Muddle: Kelo, Lingle, And Public Discourse About The Private Property, Jane B. Baron
Fordham Urban Law Journal
People care about property. In 2005, the United States Supreme Court decided two cases with deep connections to that concern, both brought by property owners challenging the government's power under the Takings Clause to take title to, or significantly affect the value of, their property. Kelo v. City of New London has been seen as controversial while Lingle v. Chevron USA Inc. has received far less public attention. This Article argues that the significance of Kelo and of Lingle lies in the extent to which the two cases engage with, or fail to engage with, the cultural debate over the …
Property Outlaws, Eduardo Moises Peñalver, Sonia K. Katyal
Property Outlaws, Eduardo Moises Peñalver, Sonia K. Katyal
Faculty Scholarship
Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a "wrongdoer" comports with the status of property rights within our characteristically individualist, capitalist, political culture. This reflexively dim view of property lawbreakers is also shared, to a large degree, by property theorists, many of whom regard property rights as a relatively fixed constellation of entitlements that collectively produce stability and efficiency through an orderly system of ownership. In this Article, Professors Peihalver and Katyal seek partially to rehabilitate the reviled character of the intentional property …