Condemning the Decisions of the Past: Eminent Domain and Democratic Accountability
Brooklyn Law School
38 Fordham Urb. L. J. 1173 (2011)
Brooklyn Law School, Legal Studies Paper No. 300
This brief Essay, part of a Fordham Urban Law Journal Symposium on eminent domain in New York, argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond to the will of the people. The essay proposes that eminent domain allows government to depart from the policy choices of administrations which came before and is therefore a tool for preserving "democratic legitimacy." It explores this theory by examining examples such as breaking up the adult use zones in Times Square and reclaiming New York's waterfront.
Number of Pages in PDF File: 21
Keywords: Eminent Domain, Entrenchment, Land Use PropertyAccepted Paper Series
Date posted: May 4, 2012 ; Last revised: November 5, 2012
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