Let There Be Blight: Blight Condemnations in New York After Goldstein and Kaur

Somin, Ilya

Journal: Fordham Urban Law Journal

Volume: 38

First Page: 1193

Year: 2011

Bluebook Citation: 38 FORDHAM URB. L.J. 1193 (2011)

Author: Ilya Somin: all 26 publications


Abstract

This Article analyzes the New York cases of Kaur v. New York State Urban Development Corp. and Goldstein v. New York State Urban Development Corp. and asserts that the New York Court of Appeals erred in allowing such an expansive definition of "blight" and defining pretextual takings too narrowly. Part I Describes the two cases. Part II explains the concept of blight condemnation and how it was used in the two cases. Part III discusses how the two cases treat the federal constitutional standard for pretextual takings.

The Article concludes that eminent domain reform requires a narrower definition of "blight" and constraints on corrupt designation practices.

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