Gallenthin v. Kaur: A Comparative Analysis of How the New Jersey and New York Courts Approach Judicial Review of the Exercise of Eminent Domain for Redevelopment

Authors

Ronald K. Chen, Rutgers School of Law - Newark

Keywords

eminent domain, property, constitution, Fifth Amendment, taking, New York, New Jersey, blight

Abstract

This Article explores two explanations for why New Jersey and New York take different approaches to judicial review of exercises of eminent domain. Part I examines the approach of both states and their differing procedures for review of administrative agency determinations. Part II discusses how each states' courts and legislatures define "blight." Part III examines how New York's approach leaves municipal officials and redevelopers free to use the more flexible concept of "underutilization" as a proxy for "blight."

Recommended Citation

Ronald K. Chen, Gallenthin v. Kaur: A Comparative Analysis of How the New Jersey and New York Courts Approach Judicial Review of the Exercise of Eminent Domain for Redevelopment, 38 Fordham Urb. L.J. 987 (2011).
Available at: https://ir.lawnet.fordham.edu/ulj/vol38/iss4/2