Academic Items

Articles

James Y. Miles, Constitutional Protection of the Appalachian Trial: Can We Rely on Local Governments?, 25 Temp. J. Sci. Tech. & Envtl. L. 239 (2006).

  • A fairly standard law review piece recounting Pennsylvania’s experience with it’s constitutional ecology amendment. The long and short of things is that the Pennsylvania court is reluctant to protect environment and community concerns without strong, concrete evidence.

Barbara L. Bezdek, To Attain “the Just Rewards of so Much Struggle”: Local-resident Equity Participation in Urban Revitalization, 35 Hofstra L. Rev. 37 (2006).

  • Professor Bezdek describes the value of community and place to residents of low income areas that are displaced by public/private partnership redevelopments. She sees such redevelopment as the destruction of a community without compensation to its members. In response, she suggests that residents be granted stakes in the redevelopment. By formalizing the interests of the current residents, the residents have an official, equal seat at the negotiation table and can, eventually, be compensated for their loss. While Professor Bezdek does provide examples of resident communities being distinguished from the government and separately compensated, a specific proposal for urban renewal remains murky at best.

Cases

Biddle v. BAA Indianapolis, LLC, 860 N.E.2d 570 (Ind. 2007) – Slip Opinion (PDF)

  • The court declined to find a homeowner had suffered a taking when the airport opened a new runway placing his home in a commercial flight path. The case features a thorough discussion of airport noise claims, but stops short of restating takings in a modern context.

- posted Apr 13, 11:32 PM in

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