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Archive | Condemnation

March 9, 2023

Harris Neck, Georgia – Time to Return the Land

Harris Neck is located along the coast in the northeast corner of McIntosh County, Georgia.  It was once home to a prosperous and self-reliant community of 75 African American families.  It has been described as a stunningly beautiful 2,687 acres of meadows, freshwater ponds and marsh.  From the end of the Civil War until 1942, the community lived harmoniously with each other and their natural environment. According to an article written by Scott Reid in Change.org, “The people lived off the land, creeks, rivers and ocean, and they took their… read more

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Posted in Condemnation, Due Process, Fair Market Value, Racial Prejudice
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March 7, 2023

The Legacy of San Juan Hill – Not Pretty!

The New York Times ran a story by James Barron on February 15, 2023, “Before Lincoln Center, San Juan Hill was a Vibrant Black Community.” The article focused on an established and vibrant neighborhood that was razed for Lincoln Center in Manhattan. Seven thousand families and 800 businesses were displaced by urban renewal. The name of the neighborhood was thought to have been a tribute to the Black cavalry unit that fought in the battle of San Juan Hill during the Spanish-American War in 1898.  San Juan Hill was an… read more

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Posted in Blight, Condemnation, Racial Prejudice, Urban Renewal
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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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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 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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