So You've Stopped an Eminent Domain Use - Now What?
4 Pages Posted: 22 Nov 2006
Date Written: November 20, 2006
Abstract
This is a postscript to the author's book, THE EMINENT DOMAIN REVOLT: CHANGING PERCEPTIONS IN A NEW CONSTITUTIONAL EPOCH, New York: Algora Publishing, 2006.
The history of the scrutiny regime reveals that the Court has an elaborate remedy mechanism when government has failed to established government purpose. In the eminent domain context, once government loses and property owners have to shape the relief, the property owners will find themselves obliged to provide the government purpose which the government lacked. That is, they will have to ask the Court to order the kinds of facts the government contemplated in its pre-textual, sham allegation of government purpose.
Thus, we enter an era - the way for which was paved by the Abbott v. Burke education litigants in New Jersey - in which victorious litigants must engage in constant litigation, monitoring and policy development, in order to see that government purpose is carried out, WITHOUT using the unconstitutional means government originally suggested.
Keywords: eminent domain, eminent, taking, regulatory, regulation, constitution, fifth, fourteenth, amendment, housing, right, judiciary, remedy, property, relief, injunction, right, medical, liberty, education, maintenance, social, affirmative
JEL Classification: K40
Suggested Citation: Suggested Citation