Navigation

Archive | 2023

February 9, 2023

Urban Renewal, An Assault on Black Neighborhoods

The Federal Housing Act of 1949, which was in effect from 1949 through 1973, authorized cities to use the power of eminent domain to clear “blighted neighborhoods” for “higher use.”  According to an excellent paper published by the Institute for Justice, “Eminent Domain and African Americans,” written by Mindy Thomson Fillilove, MD, in 24 years, 2,532 projects were carried out in 992 cities that displaced one million people, two-thirds of them African American. African Americans, who were 12% of the population in the US, were five times more likely to… read more

By
Posted in Blight, Eminent Domain, Racism in Urban Planning, Urban Renewal
Read more > 0

January 24, 2023

Remember The Alamo – Maybe Not

The battle of the Alamo was a pivotal event and military engagement in the Texas Revolution.  Following a 13-day siege, Mexican troops reclaimed the Alamo Mission killing most of the occupants.  The Texas legislature purchased that land and buildings designated the Alamo as an official Texas state shrine. Now, the City of San Antonio wants to acquire “Moses Rose’s Hideout,” a bar to be acquired for the new Alamo museum.  Interestingly, the name is that of the purported “coward of Alamo,” who fled the besieged fortress rather than fight, according… read more

By
Posted in Condemnation, The Alamo
Read more > 0

January 17, 2023

Opposing a Petition to Condemn by Filing an Answer

Victor, New York is a town in the Finger Lake district.  The Town commenced a condemnation proceeding to take a 90,000 square foot anchor store that used to be occupied by Lord & Taylor in the Eastview Mall. But, a Judge determined that the Town of Victor did not present a sufficient plan for the use of the space. The newspaper reports are not clear who the Judge was or what Court rendered the decision. Normally, to challenge a proposed taking, one has to file a Petition pursuant to Section… read more

By
Posted in Answer to Petition, Public Use
Read more > 0

January 12, 2023

A Very Rare Win – Matter of Bowers Dev. LLC v Oneida County Indus. Dev. Agency. But, It Ain’t Over Until It’s Over.

The Fourth Department handed down a Christmas present on December 23, 2022 granting a petition filed pursuant to Section 207 of the Eminent Domain Procedure Law (EDPL) to annul the determination of the Oneida County Industrial Development Agency (OCIDA) to condemn certain real property. Before we dive into the case, let’s discuss EDPL Sec. 207, the exclusive procedure in New York to challenge a condemnation. Authorizing and Challenging the Condemnation Article 2 of New York’s Eminent Domain Procedure Law sets forth the prescribed way that property is to be acquired… read more

By
Posted in Blight, Condemnation, EDPL Sec. 207, Power of Condemnation, Public Purpose
Read more > 0

January 5, 2023

Bruce’s Beach – The Final Chapter

We wrote about Bruce’s Beach, located in Manhattan Beach, California on August 5, 2021 and October 7, 2021, an old case which has sparked national “condemnation” was the 1924 taking of “Bruce’s Beach.”  The resort was established by Willa and Charles Bruce in 1912.  It was a destination where black tourists could swim, dance, eat and rest. The City claimed that it needed the property for a public park, but left it undeveloped.  The condemnation was clearly motivated by racism. Manhattan Beach has been grappling with the history of Bruce’s… read more

By
Posted in Bruce's Beach, Eminent Domain
Read more > 0