Reclaiming the Promise of the Judicial Branch: Toward a More Meaningful Standard of Judicial Review as Applied to New York Eminent Domain Law

Authors

Paula Franzese, Seton Hall Law SchoolFollow

Keywords

eminent domain, public use, Fifth Amendment, blight

Abstract

This Article asserts that the New York model of eminent domain and judicial review must be reworked to provide a meaningful balance between private property rights and concerns for public good. Part I sets forth current doctrine and procedure which New York agencies must follow when exercising the power of eminent domain. Part II explores how blight has become a "standardless standard" in New York. Part III examines New York courts' reluctance to overturn agency decisions and the potential for abuse that this creates. Part IV examines other jurisdictions which have imposed stricter standards when examining public use. Part V proposes means by which New York can create a new standard of judicial review of agency determinations of blight.

Recommended Citation

Paula Franzese, Reclaiming the Promise of the Judicial Branch: Toward a More Meaningful Standard of Judicial Review as Applied to New York Eminent Domain Law, 38 Fordham Urb. L.J. 1091 (2011).
Available at: https://ir.lawnet.fordham.edu/ulj/vol38/iss4/4