THE DEPRIVATION OF ANCILLARY COMMUNITY AMENITIES AS AN EMINENT DOMAIN TAKING

The bases of inviolability are examined, and the rationale for the eminent domain power is set forth. The redefinition of the concept of public use to permit expansion of eminent domain takings is discussed, as well as shaping of social policy decisions by eminent domain. Distinctions between eminent domain and police powers are identified, and the question of public interest and community amenities is considered. Non-economic manifestations of property rights as exemplified by the personal rights-property rights dichotomy is examined, and the analogy between property rights and first amendment rights as equally personal rights is illustrated. Legislation related to Parks and the doctrine of prior public use are discussed. The presentation of historical landmarks, busing as an eminent domain taking of a community amenity, and parties having standing to sue (related to community amenities) are also discussed. Remedies available to the plaintiff-citizen to challenge the deprivation of community amenities are outlined, and recommendations are presented.

• Corporate Authors:

  New York Law School

  57-59 Worth Street
  New York, NY  United States  10013
• Publication Date: 1975-9

Media Info

• Features: References;
• Pagination: p. 233-275
• Serial:
  • New York Law Forum
  • Volume: 21
  • Issue Number: 2
  • Publisher: New York Law School

Subject/Index Terms

• TRT Terms: Decision making; Eminent domain; History; Laws; Parks; Private property; Property; Public policy; Public utilities; Social values; Utilization
• Old TRIS Terms: Community values; Personal property; Remedies
• Subject Areas: Highways; History; Law; Policy; Research;

Filing Info

• Accession Number: 00134028
• Record Type: Publication
• Files: TRIS
• Created Date: Jun 23 1976 12:00AM