Podcast
Questions and Answers
In the Berman vs. Parker case, what was the central argument made by the attorneys representing Frank’s Department Store?
In the Berman vs. Parker case, what was the central argument made by the attorneys representing Frank’s Department Store?
- The taking of private property for redevelopment constituted a taking from one private entity for the benefit of another. (correct)
- The redevelopment project would lead to a decline in property values in the surrounding areas.
- The store was not located in a blighted area and therefore should not be subject to eminent domain.
- The redevelopment plan did not adequately compensate the store owner for the loss of business.
How did the Supreme Court's decision in Berman vs. Parker (1954) influence the interpretation of 'public use' in eminent domain cases?
How did the Supreme Court's decision in Berman vs. Parker (1954) influence the interpretation of 'public use' in eminent domain cases?
- It expanded the definition of 'public use' to include 'public purpose,' encompassing broader community benefits. (correct)
- It limited 'public use' to projects directly managed and owned by the government.
- It maintained a strict interpretation of 'public use,' focusing solely on physical infrastructure improvements.
- It narrowed the definition of 'public use' to exclude aesthetic considerations.
What justification did the Supreme Court provide in Berman vs. Parker for upholding the use of eminent domain in the redevelopment project?
What justification did the Supreme Court provide in Berman vs. Parker for upholding the use of eminent domain in the redevelopment project?
- The redevelopment project was essential for attracting new businesses and increasing tax revenue.
- The individual store's structural deficiencies posed a direct threat to public safety.
- The store owner refused to cooperate with the redevelopment authorities.
- The Court determined that it was within the legislature's power to ensure a community is 'beautiful...healthy, spacious...clean, well balanced'. (correct)
In the context of the Kelo decision, what initial event spurred the redevelopment efforts in the Fort Trumbull neighborhood of New London, Connecticut?
In the context of the Kelo decision, what initial event spurred the redevelopment efforts in the Fort Trumbull neighborhood of New London, Connecticut?
How does the Berman vs. Parker case relate to the concept of urban redevelopment and the use of eminent domain?
How does the Berman vs. Parker case relate to the concept of urban redevelopment and the use of eminent domain?
What was a primary goal of the New London Municipal Development Plan that directly relates to economic stimulus?
What was a primary goal of the New London Municipal Development Plan that directly relates to economic stimulus?
In the context of the Kelo v. New London case, what legal precedent was affirmed?
In the context of the Kelo v. New London case, what legal precedent was affirmed?
What specific type of facility was planned to be constructed on the abandoned mill site adjacent to Fort Trumbull?
What specific type of facility was planned to be constructed on the abandoned mill site adjacent to Fort Trumbull?
What was the total area covered by the New London Municipal Development Plan project?
What was the total area covered by the New London Municipal Development Plan project?
Besides the office and R&D space, what other commercial element was included in the New London Municipal Development Plan?
Besides the office and R&D space, what other commercial element was included in the New London Municipal Development Plan?
What action did Susette Kelo take in response to the city's eminent domain claim on her property?
What action did Susette Kelo take in response to the city's eminent domain claim on her property?
How did the New London development plan propose to enhance the city's appeal and functionality?
How did the New London development plan propose to enhance the city's appeal and functionality?
What type of facility was located near the Fort Trumbull area and the proposed development site, influencing the municipality's planning considerations?
What type of facility was located near the Fort Trumbull area and the proposed development site, influencing the municipality's planning considerations?
Which of the following best describes the shift in the application of eminent domain from its original form to its expanded form?
Which of the following best describes the shift in the application of eminent domain from its original form to its expanded form?
According to the content, what was a key factor that led to the urban renewal projects in Southwest Washington D.C.?
According to the content, what was a key factor that led to the urban renewal projects in Southwest Washington D.C.?
What was a significant demographic consequence of the urban renewal project in Southwest Washington D.C., according to the content?
What was a significant demographic consequence of the urban renewal project in Southwest Washington D.C., according to the content?
In the context of eminent domain and urban renewal, what does 'public purpose' entail?
In the context of eminent domain and urban renewal, what does 'public purpose' entail?
Which of the situations below is the best example of the expanded interpretation of eminent domain following the Berman vs. Parker case?
Which of the situations below is the best example of the expanded interpretation of eminent domain following the Berman vs. Parker case?
What was a common critique of urban renewal projects like the one undertaken in Southwest Washington D.C.?
What was a common critique of urban renewal projects like the one undertaken in Southwest Washington D.C.?
What was the main argument of the two small businesses who opposed the urban renewal plan in the Berman vs. Parker case?
What was the main argument of the two small businesses who opposed the urban renewal plan in the Berman vs. Parker case?
What was the justification for Washington D.C. urban renewal agency proposing acquisition and demolition of a large area as part of redevelopment plan?
What was the justification for Washington D.C. urban renewal agency proposing acquisition and demolition of a large area as part of redevelopment plan?
What was the primary legal justification used by the US Supreme Court in upholding the zoning ordinance in Village of Euclid v. Ambler Realty?
What was the primary legal justification used by the US Supreme Court in upholding the zoning ordinance in Village of Euclid v. Ambler Realty?
In the context of zoning regulations, what is the main purpose of 'area regulations' as applied in Euclidean Zoning?
In the context of zoning regulations, what is the main purpose of 'area regulations' as applied in Euclidean Zoning?
Before the Village of Euclid v. Ambler Realty case, what was the status of zoning legality in the United States?
Before the Village of Euclid v. Ambler Realty case, what was the status of zoning legality in the United States?
What is a key criticism of 'Euclidean Zoning' in contemporary urban planning?
What is a key criticism of 'Euclidean Zoning' in contemporary urban planning?
Which of the following best describes the core principle of eminent domain?
Which of the following best describes the core principle of eminent domain?
What was the significance of the US Department of Commerce's involvement in zoning during the early 1920s?
What was the significance of the US Department of Commerce's involvement in zoning during the early 1920s?
The Fifth Amendment to the U.S. Constitution relates to eminent domain by requiring what?
The Fifth Amendment to the U.S. Constitution relates to eminent domain by requiring what?
How did the Village of Euclid v. Ambler Realty case influence the development of zoning practices in the United States?
How did the Village of Euclid v. Ambler Realty case influence the development of zoning practices in the United States?
What is the role of the Fourteenth Amendment in the process of eminent domain?
What is the role of the Fourteenth Amendment in the process of eminent domain?
What was Ambler Realty's primary contention in the Village of Euclid v. Ambler Realty case?
What was Ambler Realty's primary contention in the Village of Euclid v. Ambler Realty case?
According to Euclidean zoning principles, how are communities typically structured concerning land use?
According to Euclidean zoning principles, how are communities typically structured concerning land use?
The process of eminent domain typically involves which sequence of events?
The process of eminent domain typically involves which sequence of events?
In the eminent domain process, if a property owner and the government authority cannot agree on a fair price for the property, what is the next step?
In the eminent domain process, if a property owner and the government authority cannot agree on a fair price for the property, what is the next step?
Which entities have the power to exercise eminent domain?
Which entities have the power to exercise eminent domain?
Historically, what has eminent domain been used for?
Historically, what has eminent domain been used for?
What does "just compensation" in the context of eminent domain refer to?
What does "just compensation" in the context of eminent domain refer to?
An agency wants to acquire private land to build a new public hospital. According to eminent domain principles, what must the agency do?
An agency wants to acquire private land to build a new public hospital. According to eminent domain principles, what must the agency do?
A local government plans to use eminent domain to acquire several properties for a private company to build a shopping mall. Which aspect of eminent domain is most likely to be questioned in court?
A local government plans to use eminent domain to acquire several properties for a private company to build a shopping mall. Which aspect of eminent domain is most likely to be questioned in court?
The loss of Penn Station in 1963 directly contributed to what key development in New York City?
The loss of Penn Station in 1963 directly contributed to what key development in New York City?
In the Penn Central Transportation Co. v. New York City (1978) case, what was the Supreme Court's rationale for upholding the New York City Landmarks Law?
In the Penn Central Transportation Co. v. New York City (1978) case, what was the Supreme Court's rationale for upholding the New York City Landmarks Law?
The Property Rights Movement, which began in the 1980s, was primarily a reaction against what?
The Property Rights Movement, which began in the 1980s, was primarily a reaction against what?
How are 'takings impact analyses,' often associated with ballot initiatives during the Property Rights Movement, related to the concept of eminent domain?
How are 'takings impact analyses,' often associated with ballot initiatives during the Property Rights Movement, related to the concept of eminent domain?
What is the primary effect of 'exclusionary or restrictive zoning' practices, such as large minimum lot sizes and minimum house sizes, on housing prices?
What is the primary effect of 'exclusionary or restrictive zoning' practices, such as large minimum lot sizes and minimum house sizes, on housing prices?
What were some of the stated goals often associated with restrictive zoning practices?
What were some of the stated goals often associated with restrictive zoning practices?
What is 'white flight' and what effect did it have on urban areas?
What is 'white flight' and what effect did it have on urban areas?
What was the primary goal of Mount Laurel Township, NJ, in the 1960s and 1970s, that led to legal challenges?
What was the primary goal of Mount Laurel Township, NJ, in the 1960s and 1970s, that led to legal challenges?
In the context of the Mount Laurel case, what actions did the town take that negatively impacted lower-income residents?
In the context of the Mount Laurel case, what actions did the town take that negatively impacted lower-income residents?
What was the primary concern of the anti-poverty group in the Mount Laurel case that led them to propose an alternative zoning plan?
What was the primary concern of the anti-poverty group in the Mount Laurel case that led them to propose an alternative zoning plan?
Flashcards
Eminent Domain
Eminent Domain
The government's right to acquire private property for public use with compensation.
Public Use
Public Use
The purpose for which property is claimed under eminent domain, considered beneficial for the community.
Fifth Amendment
Fifth Amendment
Constitutional protection ensuring property cannot be taken without just compensation for public use.
Just Compensation
Just Compensation
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Fourteenth Amendment
Fourteenth Amendment
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Process of Eminent Domain
Process of Eminent Domain
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Negotiation
Negotiation
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Federal Government Actions
Federal Government Actions
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Local Example of Eminent Domain
Local Example of Eminent Domain
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Public Works Projects
Public Works Projects
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Berman vs. Parker
Berman vs. Parker
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Public Purpose
Public Purpose
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9-0 Decision
9-0 Decision
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Context of Blight
Context of Blight
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Kelo Decision
Kelo Decision
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Urban Renewal
Urban Renewal
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Blighted Area
Blighted Area
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Impacts of Urban Renewal
Impacts of Urban Renewal
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Physical and Aesthetic Benefits
Physical and Aesthetic Benefits
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Displacement Effects
Displacement Effects
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Community Benefits
Community Benefits
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Fort Trumbull Municipal Development Plan
Fort Trumbull Municipal Development Plan
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Goals of the MDP
Goals of the MDP
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Susette Kelo
Susette Kelo
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200,000 square foot Office & R&D
200,000 square foot Office & R&D
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Mixed-use Development
Mixed-use Development
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250 Room Hotel
250 Room Hotel
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Revitalization of downtown New London
Revitalization of downtown New London
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Zoning
Zoning
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Village of Euclid vs. Ambler Realty
Village of Euclid vs. Ambler Realty
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Euclidean Zoning
Euclidean Zoning
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Use Districts
Use Districts
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Area Regulations
Area Regulations
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Police Power
Police Power
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Zoning Ordinance
Zoning Ordinance
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Criticism of Euclidean Zoning
Criticism of Euclidean Zoning
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Penn Station Loss
Penn Station Loss
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Landmarks Law
Landmarks Law
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Penn Central Case
Penn Central Case
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Property Rights Movement
Property Rights Movement
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Exclusionary Zoning
Exclusionary Zoning
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Mount Laurel Case
Mount Laurel Case
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White Flight
White Flight
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Affordable Housing Crisis
Affordable Housing Crisis
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Anti-Poverty Group Advocacy
Anti-Poverty Group Advocacy
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Haines' Stance
Haines' Stance
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Study Notes
This Week's Schedule
- Today: Chapter 5 - Legal Basis of Planning
- Thursday: Chapter 7 - Social Issues and Making of Ferguson & Yonkers Housing Case
Quiz 1 Information
- Quiz 1: Tuesday, February 11th
- Topics covered for the quiz include: Lectures to date, Chapters 2, 3, 4, 5, and 7, Making of Ferguson, and Yonkers Housing Case
Group Project
- Email instructor by Friday, February 13th if you know who you want to work with for the group project.
Color of Law
- Book by Richard Rothstein
- Explores the history of how the government segregated America.
Legal Basis of Planning
-
Eminent Domain:
- Government's right to acquire private property for public use with compensation.
- Used for national defense, parks, infrastructure, and public works.
- Includes examples of federal, state, and local use of eminent domain.
- Key Concepts:
- Acquisition of private property by the government or its agents.
- Compensation required for the property.
-
Public Control of Private Property:
- Zoning and regulations of private property, without using eminent domain.
- Specific example: Buchanan vs. Warley (1917); Supreme Court decision overturned a Louisville ordinance prohibiting Black people from owning or occupying property in white neighborhoods.
- Focus on property rights, not civil rights.
- Zoning regulations affecting building size, heights, setback requirements, and use districts.
- Example of zoning: Euclid vs. Ambler Realty (1926); US Supreme court upholds zoning ordinances.
-
Federal, State, and Municipal Authority:
- State involvement in planning.
- Local governments derive powers from higher levels of government.
- Dillon Rule vs Home Rule in New York.
Eminent Domain and Its Uses
- Right of government to acquire private property; public use requires compensation
- Historical examples include Rock Creek Park.
- Often used in large-scale public works projects.
- Important aspects of development
- Examples include the acquisition of land for national defense, parks, and construction projects.
Eminent Domain and the Constitution
- Fifth Amendment: Private property cannot be taken for public use without just compensation.
- Fourteenth Amendment: No person shall be deprived of life, liberty, or property without due process of law.
- Property protection is a cornerstone of the law.
Process of Eminent Domain
- Steps involved in the acquisition process for public use.
- Covers actions taken by both the agency and property owners.
- Key stages include agency announcements, property valuation, offer to owners, negotiations, court involvement (litigation or settlement), and compensation payment to owners.
Evolution of Eminent Domain
- Berman vs. Parker (1954); Supreme court decision that broadened the definition of "public use" to include "public purpose" benefits to community.
- Kelo vs City of New London (2005); A landmark case that redefined and limited eminent domain.
- Legal and political challenges and controversies arising due to various eminent domain practices.
Reaction to Eminent Domain
- Local community challenges and legislative changes in response to rulings and new practices.
- 2005 Kelo decision impacts states efforts to implement eminent domain.
- Individual and community responses.
- Legal battles and debates about economic development, public purpose takings, community revitalization, and homeowner, resident, and affected property rights.
Public Control of Private Property
- Zoning adoption nationwide.
- 1916 NYC adopts zoning laws, establishing precedents in municipal planning.
- 1921-1924 Municipal jurisdictions adopting zoning and the establishment of the US Department of Commerce creating model laws, fostering zoning nationwide.
- Euclid vs Ambler Realty Co. (1926)- zoning regulations
- NYC's evolution in zoning laws.
- Landmark examples of zoning laws nationwide.
- Challenges related to this type of planning
High Volume Hydraulic Fracturing and Municipal Home Rule in New York
- State pre-emption vs local municipality home rule impacting drilling regulations.
- Case Studies and examples illustrating the concepts and issues involved.
- Cases highlighting local vs state control in specific instances
Federal Involvement in Planning
- Grants and funding: Federal funding is provided to state and local governments.
- Examples include transportation, education, and public services.
- Federal regulations: Federal regulations influence standards and practices in planning.
- Legislation that guides and shapes planning decisions.
- Federal regulatory bodies which guide planning efforts.
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