Category: Eminent domain

Condemnation by imputation: Part 1, Shakedown Street?

23 April, 2014 (09:00) | Affordable Housing, Blight, Crime, Development, Discrimination, Eminent domain, Historic renovation, Housing, Income mixing, Kansas City, Section 8, urban, Urban Renewal | No comments

By: David A. Smith Nothin’ shakin’ on Shakedown Street. Used to be the heart of town. – Grateful Dead, Shakedown Street When it comes to flimsy cases to justify the state’s using judicial or police power to intimidate and punish private owners, I thought I’d seen everything – what with National City’s ‘lower-value use equals […]

The wrong symbol, the wrong story: Part 3, From Washington to Mount Holly

12 March, 2014 (09:00) | Civil Rights, Discrimination, Economic development, ED4ED, Eminent domain, Eviction, Fair Housing, Homeownership, Inclusionary zoning, Law, mixed-income housing, Supreme Court, US News | No comments

[Continued from yesterday's Part 2 and the preceding Part 1.]   By:David A. Smith   As we saw in Part 2, after the Justice Department had Emily Litella-ed on defending its ‘disparate impact’ settlement cudgel in the St. Paul case, the focus of legal symbologists shifted to Mount Holly, New Jersey, where what had been a […]

The wrong symbol, the wrong story: Part 2, From St. Paul to Washington

11 March, 2014 (09:00) | Civil Rights, Discrimination, Economic development, ED4ED, Eminent domain, Eviction, Fair Housing, Homeownership, Inclusionary zoning, Law, mixed-income housing, Supreme Court, US News | No comments

  [Continued from yesterday's Part 1.]   By:David A. Smith   In yesterday’s Part 1, the story of Mount Holly Gardens, which ought to have been another in the line of important cases on the limitations of eminent domain for economic development (ED4ED), had become redefined as a symbol of the Administration’s deployment of its […]

The wrong symbol, the wrong story: Part 1, From Mount Holly to St. Paul

10 March, 2014 (13:36) | Civil Rights, Discrimination, Economic development, ED4ED, Eminent domain, Eviction, Fair Housing, Homeownership, Housing, Inclusionary zoning, Law, Supreme Court, US News | No comments

By:David A. Smith   For a case to reach the Supreme Court, it must involve a big principle of Constitutional law and there must be some jurisprudence along the litigation trail to suggest current precedents are in conflict with one another.    [New York City involuntary landlord James Harmon didn't have conflicting jurisprudence – however […]

Now that it is safe to do so: Part 8, How to fix the BRA in eight steps

20 February, 2014 (09:00) | Affordable Housing, Boston, Boston Redevelopment Authority, BRA, City Government, Corruption, Development, Eminent domain, Housing, Local issues, Politics, Thomas Menino, Urban planning, Urban Renewal, Zoning |

By:David A. Smith     [Continued from yesterday's Part 7 and the preceding Part 1, Part 2, Part 3, Part 4, Part 5, and Part 6.]   By now, with the record fully documented, readers can see that the Boston Redevelopment Authority’s drift away from what it could have been, and into the personal plaything of […]