The Tools Of “Inclusionary Eminent Domain (Part 2): How The Concept Works In Practice

“This second blog post of the two-part series features just a few of the tools of inclusionary eminent domain that can be retrofitted for purposes of constructing or preserving affordable housing on land condemned for economic development, or new development projects generally. The tools are interrelated and have the ability to operate in tandem to temper and reconcile the interests of various stakeholders.

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The model of development discussed in this blog series is an evolving paradigm in takings law. Inclusionary eminent domain is, in essence, an acknowledgment of the realization that a meticulous focus on the meaning of “public use” – in the most local community sense – is an integral part of the exercise of takings for economic development. The tools have been packaged into this new inclusionary framework to guide municipalities, private developers and communities help construct to preserve affordable housing developments.”

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Dickinson, Gerald. mondaq 9 May 2014

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