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February 21, 2023

The Mere Mention of a Highway is Enough to Destroy a Neighborhood

An article written by Megan Kimble, “A Highway that Doesn’t Exist is Strangling a Black Neighborhood” published in Bloomberg.com describes what happened to the Allendale neighborhood in Shreveport, Louisiana. In my article, ‘Urban Renewal, An Assault on Black Neighborhoods,” to be published in the New York Law Journal on February 28, 2023, I spoke of how, “[i]n city after city, highways that were build to appease white suburban commuters, and enabled through white suburban commuters, and enabled through eminent domain and funds from the 1949 Housing Act and 1956 Interstate… read more

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Posted in Condemnation, Highways, Racial Prejudice in Urban Planning, Urban Renewal
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February 16, 2023

The Poppleton Area of Baltimore Still Suffering from Eminent Domain Policies

Former residents of the Poppleton neighborhood of Baltimore filed a Complaint with the U.S. Department of Housing against Baltimore City. According to a report published in NPR, the administrative complaint filed against the city, its Mayor Brandon Scott and Baltimore City Council alleges that the city violated the federal Fair Housing Act. That federal law prohibits individuals from being discriminated against when renting or buying a home, seeking a mortgage, housing assistance and other such activities, according to HUD.  Individuals are protected against discrimination of race, color, national origin, religion,… read more

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Posted in Eminent Domain, Racial Bias, Urban Renewal
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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

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Posted in Blight, Eminent Domain, Racism in Urban Planning, Urban Renewal
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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

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Posted in Condemnation, The Alamo
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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

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Posted in Answer to Petition, Public Use
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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

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Posted in Blight, Condemnation, EDPL Sec. 207, Power of Condemnation, Public Purpose
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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

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Posted in Bruce's Beach, Eminent Domain
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January 3, 2023

Blight, The Necessary Requirement for Condemnation

On December 29, 2022, the New York Times ran a story, “Why New York State insists that the Penn Station Area is ‘“Blighted.”’  The answer, silly, is that it had to. In New York, we just can’t condemn property unless there is a finding of blight.  I suggest that “blight” is in the eyes of the beholder.  I once attended a public hearing held pursuant to Article 2 of the Eminent Domain Procedure Law.  I believe it was for the taking for the expansion of Columbia University.  At the hearing,… read more

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Posted in Blight, Condemnation, Penn Station
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December 13, 2022

Food Truck Regulations Bring Property-Rights Claim

Jacksonville, North Carolina adopted several food truck regulations that brought many legal challenges.  One of those regulations was to ban food trucks on any property that sits within 250 feet of property with a brick-and-mortar restaurant or residential housing.  There is another regulation which bans food trucks from operating within 250 feet of each other. Within Jacksonville’s city limits open to food trucks, potential operators face other barriers. Another challenged regulation involves advertising.  Food trucks are limited to one sign no taller or wider than five feet.  The sign can… read more

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Posted in Food Truck, Inverse Condemnation, Property Rights, Regulatory Taking
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December 8, 2022

Time to Correct Racial Bias in Residential Valuation. Here is The Way to Start.

My December 27, 2022 article for the New York Law Journal discusses the widespread racial bias found in residential appraisals.  Racial bias in home valuation operates as an institutionalized theft of value from the Black community.  Most Americans measure their wealth by calculating their net worth.  The largest component of personal wealth is the ownership of one’s home.  If a racial component is not given a fair valuation of their property, they lose the opportunity to increase their personal wealth, or at least have a fair accounting of same. The… read more

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Posted in Appraisers, Racial Bias, Valuation
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