The Politics of Eminent Domain: From False Choices to Community Benefits

Abstract

Large-scale urban redevelopment projects catalyze moments of peril and opportunity. In the wake of the United States Supreme Court's Kelo v. New London decision affirming economic development as a public use under the takings clause of the Constitution, these perils and opportunities have again become a site of major contestation. An unusual alliance of libertarian property-rights ideologues and civil-rights organizations has joined forces to challenge the use of eminent domain in urban economic development. In this article, I analyze the history of these alliances and their implicit reinforcement of deeply reactionary constructions of property. I conclude with an evaluation of two emergent models—community benefit agreements and community equity shares—that provide promising community tools for alternatives to homeowner rule and neoliberal urban renewal.

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