eminent domain, property, constitution, Fifth Amendment, taking, New York, New Jersey, blight
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."
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
Available at: https://ir.lawnet.fordham.edu/ulj/vol38/iss4/2