Abstract

http://ssrn.com/abstract=1781180
 
 

Footnotes (459)



 


 



Public Use in the Dirigiste Tradition: Private and Public Benefit in an Era of Agglomeration


Steven J. Eagle


George Mason University School of Law

March 8, 2011

Fordham Urban Law Journal, Forthcoming
George Mason Law & Economics Research Paper No. 11-13

Abstract:     
This article analyzes the development of eminent domain law, focusing on the U.S. Supreme Court and the New York Court of Appeals’ approach to the requirement that takings be for “public use.” It asserts that the Supreme Court’s public use doctrine is conceptually incomplete. In applying that doctrine and its own precedents, the Court of Appeals acts in the State’s tradition of dirigisme, and subordinates constitutional protections for private property to centralized development. Its recent Goldstein and Kaur opinions, uncritically supporting development for economic agglomeration, are the culmination of this approach.

The article also discusses implications for public policy arising from condemnation for transfer for private redevelopment, as hastened by government efforts to stimulate agglomeration. These include a lack of transparency, secondary rent seeking, possibilities of corruption resulting from of crony capitalism, and the inefficient use of public and private recourses.

Number of Pages in PDF File: 77

Keywords: Alexander Hamilton, Atlantic Yards, Blight, Cannata, Charles Breitel, Control, DeWitt Clinton, Direction, Fifth Amendment, Hamilton Bank, Iqbal, Kelo v. City of New London, Penn Central, Pretextuality, Prevention of Harm, Seward, Thomas Roberts, Twombly, Urban Revitalization, Williamson County

JEL Classification: H80, K11, P11, P14, R52, R58

Accepted Paper Series





Download This Paper

Date posted: March 9, 2011  

Suggested Citation

Eagle, Steven J., Public Use in the Dirigiste Tradition: Private and Public Benefit in an Era of Agglomeration (March 8, 2011). Fordham Urban Law Journal, Forthcoming; George Mason Law & Economics Research Paper No. 11-13. Available at SSRN: http://ssrn.com/abstract=1781180

Contact Information

Steven J. Eagle (Contact Author)
George Mason University School of Law ( email )
3301 Fairfax Drive
Arlington, VA 22201
United States
Feedback to SSRN


Paper statistics
Abstract Views: 721
Downloads: 62
Download Rank: 213,323
Footnotes:  459

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 1.187 seconds