Condemning the Decisions of the Past: Eminent Domain and Democratic Accountability

21 Pages Posted: 4 May 2012 Last revised: 5 Nov 2012

Date Written: October 2012

Abstract

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.

Keywords: Eminent Domain, Entrenchment, Land Use Property

Suggested Citation

Serkin, Christopher, Condemning the Decisions of the Past: Eminent Domain and Democratic Accountability (October 2012). 38 Fordham Urb. L. J. 1173 (2011), Brooklyn Law School, Legal Studies Paper No. 300, Available at SSRN: https://ssrn.com/abstract=2050430

Christopher Serkin (Contact Author)

Vanderbilt Law School ( email )

131 21st Avenue South
Nashville, TN 37203
United States
615-343-6131 (Phone)

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