FINAL_FY14_Eminent-Domain-Report

4 The Civil Rights Implications of Eminent Domain Abuseincludes publicly approved condemnations for economic redevelopment of economically distressedareas.” The quality of the redevelopment varies, he said, but the Ferry Building in San Francisco andTimes Square in New York City are among recent successful projects. 18In contrast to Professor Somin, Professor Byrne stated that the use of eminent domain for economicdevelopment neither unfairly nor disproportionately harms racial and ethnic minorities. ProfessorSomin’s remedy, which Professor Byrne described as prohibiting all use of eminent domain foreconomic development, including the elimination of blight, is unnecessary. Claims that eminent domainunfairly harms minorities, Professor Byrne said, arise not from today’s experiences, but from urbanrenewal efforts before the 1960s, when publicly-funded projects bulldozed homes of many AfricanAmericans and others in failed attempts to modernize cities. 19 He suggested that Clarence Thomas’sdissent in Kelo v. City of New London relied on this faulty argument about harm to minorities and thepoor. Today, Professor Byrne said, eminent domain is valuable in redevelopment projects designed tomaintain the economic competitiveness and viability of urban areas, where property ownership isfragmented and where, coincidentally, minorities live in large numbers. 20Political realities have changed today so that the discrimination in urban renewal projects of the 1940sand 1950s is no longer evident, Professor Byrne said. First, urban minorities such as African Americansgrew in number and power. They amassed political power in nearly every U.S. city and are moreinfluential in private real estate markets. Second, federal and local governments’ fiscal relationschanged. Federal money and direction diminished and local governments took control of redevelopmentprojects, he said, associating this with the lessening of racial biases. 21 Third, eminent domain is rarelyinvoked for residential properties today because local officials want to avoid the resulting negativepublicity and expensive litigation. Furthermore, many federal and state statutes increased the paymentsdue property owners beyond what “just compensation” requires. Lastly, today the application of eminentdomain must meet requirements for the political consent and involvement of the community, ProfessorByrne said. The rare condemnation of homes today shows little or no identifiable ethnic or racialcharacter, he concluded. 22Professor Byrne further argued that economic revitalization of urban areas aids poor minorities whodisproportionately dwell in cities because it increases employment and tax revenues, and henceeducation and city services. Without such eminent domain, large-scale development projects can occuronly on greenfield sites on the edges of cities, exacerbating urban sprawl and pushing new employmentopportunities further from where urban minorities live. 2318 Ibid., p. 20.19 Ibid., pp. 18-19.20 Ibid., p. 19.21 Ibid., pp. 19-21.22 Ibid., pp. 20-21.23 Ibid., p. 21.