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October 5, 2007

Jane Jacobs on Kelo; her attorney on post-Kelo legislation

Atlantic Yards Report

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Would the late Jane Jacobs have opposed the use of eminent domain for the Atlantic Yards project? (A crucial appeals court argument in the case will be heard Tuesday.) We can't be certain, but it's likely, given evidence she was deeply skeptical of eminent domain. And, as I've written, I think she'd find reasons to oppose AY.

Indeed, she filed a brief in the 2005 Kelo v. New London lawsuit, on behalf of the plaintiffs, who lost. One of several amicus briefs in the case, it was authored by Ilya Somin, a professor at George Mason University School of Law with a strong libertarian bent. (Jacobs, essentially a pragmatist, had libertarian leanings.)

Norman Oder mines the Jacobs brief for comparisons and contrasts to Bruce Ratner and the State of New York's controversial plans to use eminent domain for Atlantic Yards.

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Posted by lumi at October 5, 2007 1:52 PM