"WE SHALL NOT BE MOVED": URBAN COMMUNITIES, EMINENT DOMAIN AND THE SOCIOECONOMICS OF JUST COMPENSATION

From: St. John's Law Review | Date: July 1, 2006| Author: Kelly, James J Jr | Copyright information

INTRODUCTION

The current debate over eminent domain as a tool to facilitate economic development shifts between two starkly unattractive alternatives. Property rights advocates insist that if strict limitations are not placed on the ability of governments to condemn private property and transfer it to private parties, then homes, small businesses, and entire communities face capricious annihilation by state and local politicians and their well-heeled patrons.1 Their slogan "a man's hom...

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