The Takings Clause of Boyle Heights
85 Pages Posted: 19 Mar 2018 Last revised: 7 Sep 2018
Date Written: March 16, 2018
Poor people and people of color are the authors of community legal thought. Today, that jurisprudence shapes the culture of Boyle Heights, an embattled, primarily Latinx neighborhood in Los Angeles. Boyle Heights is gentrifying, leading to tenants’ ousters and housing insecurity. Through interviews, inhabitants share their views on what belongs to them, and when that property is taken in violation of human dignity and legal principles. That is, they share their version of the Takings Clause. Though my work on limning a Boyle Heights Takings Clause remains unfinished, partial, and tentative, interviewees’ articulate insistences on takings protections proved sufficiently comprehensive that a first draft of such a Clause may here be essayed. Marshaling the work of popular constitutionalists and progressive property scholars, and drawing parallels between Supreme Court conceptions of takings and those of Boyle Heightsians, I argue that this fledgling draft of community property rights should be further studied and developed so that it may someday inform formal Takings analyses.
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