August 12, 2005
Make eminent domain fair for all
Boston Globe, Opinion
by David J. Barron and Gerald E. Frug
In the rush to satisfy the political backlash against the US Supreme Court's recent eminent domain decision, many state legislatures are rushing to pass laws restricting it's use.
Harvard Law School Professors David J. Barron and Gerald E. Frug are cautioning against banning "eminent domain for economic development across the board." In the case of the Massachusetts's legislature, the House bill would still allow for seizures of "blighted" properties, thus creating a class system that protects only rich and middle class property owners.
The authors have a recommended list of requirements, some of which appear in NY State's Assembly bill authored by Richard Brodsky, that would strengthen the definition of "public use," provide more transparency (and political cover) for elected officials, and engage local groups in the planning process.
For info on legislation proposed by NY State legislators regarding eminent domain, see The Castle Coalition's web page of State Legislatures and scroll down to "New York."
Posted by lumi at August 12, 2005 5:59 AM