Public Use in the Dirigiste Tradition: Private and Public Benefit in an Era of Agglomeration

Authors

Steven J. Eagle, George Mason UniversityFollow

Keywords

eminent domain, Fifth Amendment, property, public use, dirigisme

Abstract

Dirigisme is the "policy of state direction and control in economic and social matters. This Article examines dirigisme as it relates to state control of land use. It also analyzes the development of eminent domain law and the requirement that takings be for public use. The author argues that the New York Court of Appeals "subordinates constitutional protections for private property to centralized development," specifically examining the recent Goldstein and Kaur opinions. The Article also discusses the implications of condemnation for transfer for private redevelopment, including lack of transparency, secondary rent seeking, possibilities of corruption, and the inefficient use of resources.

Recommended Citation

Steven J. Eagle, Public Use in the Dirigiste Tradition: Private and Public Benefit in an Era of Agglomeration, 38 Fordham Urb. L.J. 1023 (2011).
Available at: https://ir.lawnet.fordham.edu/ulj/vol38/iss4/3