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Article
Condemning the Decisions of the Past
Fordham Urban Law Journal
  • Christopher Serkin
Document Type
Article
Publication Date
1-1-2011
Keywords
  • Eminent Domain,
  • property rights,
  • public policy
Abstract

This brief Essay, part of a Fordham Urban Law Journal Symposium on eminent domain in New York, 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 essay proposes that eminent domain allows government to depart from the policy choices of administrations which came before and is therefore a tool for preserving "democratic legitimacy." It explores this theory by examining examples such as breaking up the adult use zones in Times Square and reclaiming New York's waterfront.

Citation Information
Christopher Serkin. "Condemning the Decisions of the Past" Fordham Urban Law Journal Vol. 38 (2011) p. 1175 ISSN: 0199-4646
Available at: http://works.bepress.com/christopher-serkin2/36/