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What is a progressive view of eminent domain?

On March 20th, the American Constitution Society chapter at New York University held a panel titled “What is a progressive vision of eminent domain?”

The Kelo v. New London decision held that a taking of private property and retransfer to a private owner only for economic development. Conservative property rights advocates have universally decried Kelo as a violation of individual liberties, while progressive voices remain unclear as to the appropriate limitations to government’s takings power.

The panel was structured to discuss what values progressives saw implicated in eminent domain actions, and how best to advance progressive interests. Panelists discussed that liberals sometimes find themselves in the unusual position of advocating deference to the legislature, while conservatives laud property rights as a bulwark against condemnation’s frequent implementation against the poor or politically powerless.

Moderated by (Vicki Been, NYU Elihu Root Professor of Law), the panel included Christopher Serkin, (Brooklyn Law, Assistant Professor of Law Education), Mike Rikon, LL.M. (Partner, Goldstein, Goldstein, Rikon & Gottlieb), Lisa Bova-Hiatt (Deputy Chief, Tax & Bankruptcy Litigation New York City Law Department).