Article
Condemning the Decisions of the Past: Eminent Domain and Democratic Accountability
Fordham Urban Law Journal
Publication Date
2011
Keywords
- eminent domain,
- New York
Disciplines
Abstract
This Essay argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond to the will of the people. The author proposes that eminent domain allows government to depart from the policy choices of administrations which came before and is therefore a tool for acquiring "democratic legitimacy." He explores this theory by examining examples such as breaking up the adult use zones in Times Square and reclaiming New York's waterfront, which had been essentially cut off by highways.
Citation Information
Christopher Serkin. "Condemning the Decisions of the Past: Eminent Domain and Democratic Accountability" (2011) p. 1175 Available at: http://works.bepress.com/christopher-serkin2/3/