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2006 American Planning Association Conference Session S483: Eminent Domain and the Black Community

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Title: 2006 American Planning Association Conference Session S483: Eminent Domain and the Black Community


1
2006 American Planning Association Conference San
Antonio, TX Monday, April 24, 2006 930
a.m. Session S483 Eminent Domain and the Black
Community
2
  • Definition and Legal Precedents
  • Definition What is Eminent Domain?
  • Legal Precedents for the Kelo v. New London
    Eminent Domain Decision
  • Legal Foundation for the Use of Eminent Domain

3
  • Definition of Eminent Domain
  • Eminent domain is the power of the government to
    take property for public use with just
    compensation
  • Traditionally, eminent domain refers to the
    direct taking of property through a condemnation
    process
  • More recently, the courts recognize the
    applicability of eminent domain to instances
    where the government uses its police power to
    restrict the use of a property to an extent
    tantamount to appropriation.
  • Source Planning and Urban Design Standards. APA
    Press 2006

4
  • Legal Foundation for the Use of Eminent Domain
  • Origins The Fifth Amendment to the U.S.
    Constitution requires just compensation when
    private property is taken through the eminent
    domain power, and that the property be taken for
    public use.
  • Berman v. Parker (1954) In this landmark case,
    the U.S. Supreme Court ruled that private
    property could be taken for a public purpose with
    just compensation, and that the property need not
    be classified as blighted.

5
  • Legal Foundation for the Use of Eminent Domain
    (Contd.)
  • Ruckleshaus v. Monsanto (1984) In this case, the
    U.S. Environmental Protection Agencys use of
    trade secrets data submitted by a pesticide
    manufacturer to evaluate subsequent applications
    for EPA approval was challenged as a taking. The
    U.S. Supreme Court ruled that the available
    remedy of just compensation precluded
    characterization of the EPAs use of eminent
    domain in this case as a taking.

6
  • Legal Foundation for the Use of Eminent Domain
    (Contd.)
  • Hawaii Housing Authority v. Midkiff (1984) In
    this case, the U.S. Supreme Court ruled that a
    state could use its eminent domain powers to take
    land that was overwhelmingly concentrated in the
    hands of large private landowners and
    redistribute that land to the larger population.
    With this ruling, the Court affirmed the states
    use of eminent domain powers to regulate
    landholding or other oligopolies.

7
  • The Kelo v. New London Decision
  • Case Background
  • The City of New London, CT proposed to redevelop
    an older neighborhood to capitalize on the
    economic development opportunity represented by a
    newly-constructed pharmaceutical research
    facility.
  • In 2000, the city approved a development plan for
    a portion of the area to be developed and moved
    to assemble private property through the use of
    its eminent domain powers for redevelopment as a
    resort hotel and conference center.
  • The plaintiffs challenged the citys use of
    eminent domain to transfer property to private
    developers to build new private uses. The
    Connecticut Supreme Court ruled in the citys
    favor, but the plaintiffs appealed the ruling to
    the U.S. Supreme Court.

8
  • The Kelo v. New London Decision (Contd.)
  • Key Issues
  • The use of eminent domain by a public entity to
    transfer private property to other private
    parties for redevelopment.
  • The implementation of an economic development
    plan by a public entity as a legitimate public
    purpose through the use of eminent domain.

9
  • The Kelo v. New London Decision (Contd.)
  • The Supreme Courts Decision What It Did and
    Didnt Do to Change Eminent Domain
  • What the Decision Did
  • It legitimized economic development takings as a
    valid use of eminent domain
  • It reinforced the importance of an open,
    participatory, and comprehensive planning process
    in establishing the basis for the use of eminent
    domain
  • It signaled increased scrutiny by the federal
    courts of the manner in which public entities
    exercise their eminent domain powers

10
  • The Kelo v. New London Decision (Contd.)
  • The Supreme Courts Decision What It Did and
    Didnt Do to Change Eminent Domain
  • What the Decision Did Not Do
  • Allow public entities to exercise eminent domain
    powers in ways and under circumstances not
    already allowed by federal law
  • Overturn state laws with tighter restrictions on
    the use of eminent domain than those set forth by
    federal law
  • Restrict the right of aggrieved parties to
    challenge the manner in which public entities
    exercise their eminent domain powers

11
  • The Kelo v. New London Decision (Contd.)
  • Controversy and Reactions
  • Legislative proposals in Congress to remedy the
    assumed excesses of the Kelo v. New London
    decision
  • State legislative responses to the Kelo v. New
    London decision
  • Community concerns about the effects of the Kelo
    v. New London decision
  • The impact of the use of eminent domain to
    facilitate the redevelopment of
    distressed/disadvantaged communities (social
    equity and environmental justice concerns)
  • Fears of reduced access and influence on the
    decisions leading to the use of eminent domain

12
  • Key Points in the Decision
  • Importance of an Integrated Comprehensive Plan
  • Importance of Community Involvement in the
    Planning Process
  • Greater judicial scrutiny and monitoring of the
    manner in which public entities exercise eminent
    domain to promote public purposes

13
  • APA Policy Guide on Redevelopment Key Issues
  • Responding Effectively to Changing Development
    Trends
  • Ensuring a Meaningful Role for Planners in the
    Redevelopment Process
  • Redevelopment as an Exercise in Place-Making
    Creating Unique Built Environments that Reflect
    Local Culture and Resources
  • Establishing Effective Public/Private
    Partnerships
  • Ensuring Redevelopment Outcomes that Promote
    Social Equity and Environmental Justice
  • Reinforcing the Link between Comprehensive
    Planning and Community Participation

14
  • History of Use
  • Enabling Federal Legislation
  • Federal Housing Act of 1937 Genesis of National
    Public Housing Program
  • Federal Housing Act of 1949 Creation of Urban
    Renewal Program (focus primarily on production of
    public housing)
  • Federal Housing Act of 1954 Expansion of focus
    to include rehabilitation and slum clearance for
    redevelopment
  • Uniform Relocation Act of 1970 Established
    minimum requirements for providing relocation
    assistance to owners of properties acquired by
    eminent domain for federally funded redevelopment
    projects

15
  • History of Use (Contd.)
  • The Federal Urban Renewal Program
  • Use of Eminent Domain within the Urban Renewal
    Program
  • Impacts on the Black Community Neighborhood
    Revitalization or Negro Removal?
  • From Urban Renewal to Community Development Block
    Grants
  • 1964 Model Cities Program and the War on
    Poverty
  • 1968 Creation of the Department of Housing
    Urban Development (HUD) passage of the New
    Communities Act
  • 1968 Demise of the Urban Renewal Program
  • 1974 Establishment of the Community Development
    Block Grant (CDBG) Program
  • 1982 Establishment of the Urban Development
    Action Grant (UDAG) Program

16
  • History of Use (Contd.)
  • The Federal Urban Renewal Program
  • Beyond Urban Renewal Lessons Learned
  • The need to identify, value, and build on the
    social capital already built up by the residents
    of areas being considered for redevelopment
  • The pitfalls of scorched earth redevelopment
    replacing declining but still-living communities
    with sterile and unintegrated new uses e.g.,
    single-use office, hotel/convention center, and
    luxury residential districts
  • Evolution of the community role in urban
    redevelopment from unwanted distraction to
    essential stakeholder
  • Delegation of eminent domain powers to
    community-based development organizations e.g.,
    Dudley Street Initiative (Boston)

17
  • Eminent Domain after Kelo A Roadmap for Black
    Planners
  • A Cautionary Tale about Planning in Post-Katrina
    New Orleans If Youre Not at the Table, Youre
    Probably on the Menu
  • Planning for Displaced Communities Top Down or
    Participatory?
  • Reestablishing Ownership and Residency Rights
    Keys to Environmental Justice for Displaced New
    Orleans
  • Environmental Impacts
  • Cleaning Up the U.S.A.s Largest Urban SuperFund
    Site
  • Providing Adequate Health Care for a Drowned City
    and Its Displaced Residents

18
  • Eminent Domain Discussion Questions
  • What is the most effective planning process for
    redevelopment?
  • From Comprehensive Planning to Strategic Plan

19
  • Eminent Domain Discussion Questions (Contd.)
  • How do our communities evaluate the pros and cons
    of the eminent domain/redevelopment process?
  • Application of social equity criteria
  • Application of economic and environmental justice
    criteria
  • How can eminent domain be used to enhance social
    capital in our communities instead of destroying
    it?
  • Identifying and valuing community social capital
  • Organizing the community to influence the
    redevelopment process so that existing community
    capital is preserved or enhanced
  • Using existing and/or enhanced social capital to
    leverage outside resources to help realize a
    community-supported vision for redevelopment/revit
    alization

20
  • Eminent Domain Discussion Questions (Contd.)
  • What are our community leverage points?
  • Political
  • Economic
  • Community Relations/Public Opinion
  • Legal
  • Property Ownership
  • Environmental
  • Business Interests
  • Social and Cultural Institutions

21
  • Eminent Domain Discussion Questions (Contd.)
  • What are the most effective techniques for
    organizing our communities to participate in the
    planning of their future?
  • Professional Networking and Pooling of Resources
  • Identifying and Organizing Disenfranchised and
    Displaced Communities to Participate in
    Comprehensive Planning
  • Forming Bridging Relationships (Alliances) with
    Stakeholders Outside of the Black Community
  • Envisioning an Equitable Future for the Black
    Community Using Professional-Community Linkages
    to Leverage Resources for Planning
  • Plan Implementation Helping Black Communities to
    Get into the Game
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