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Archive | Eminent Domain

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 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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September 29, 2022

Will The Texas Bullet Train Ever Be Built?

We have written about the Texas Bullet Train several times in this blog, February 28, 2017, May 21, 2020 and October 8, 2020. The project, after a decade since it was announced, is still in limbo.  This is despite a June 2022 ruling by the Texas Supreme Court allowing the company to use eminent domain to acquire its right of way. The company is in complete disarray.  The CEO resigned and the Texas Central Board disbanded.  Land acquisition has stopped for the last two years. The high-speed train that promises… read more

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Posted in Eminent Domain, Partial Takings, Severance Damages, Texas Bullet Train
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August 30, 2022

When an Easement Is Really a Direct Taking

The right of an owner to just compensation for property taken by eminent domain is one guaranteed by the federal and state constitutions.  (Federal Constitution, Fourteenth Amendment; NY Constitution, Art. 1, Subd. 7).  The constitutional requirement of “just compensation” mandates that the property owner be indemnified so that he may be put in the same relative position, insofar as this is possible, as if the taking had not occurred.  City of Buffalo v J.W. Clement Co., Inc., 28 NY2d 241 258 (1971); Rose v State of New York, 24 NY2d… read more

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Posted in Condemnation, Direct Taking, Easements, Eminent Domain
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