GEV 3570 Lecture Notes - Lecture 14: Barclays Center, Equal Protection Clause

• School: Villanova University
• Department: Geography and the Environment
• Course: GEV 3570
• Professor: Galeano

Document Summary

The atlantic yards project is controversial for many reasons, one of those being the constitutionality of the project itself through the lens of eminent domain. Many people, including advocate groups and board members of the surrounding neighborhoods the project object to the development because they feel it infringes on local government jurisdiction, and a larger context, the scope of eminent domain itself. The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property. Three spheres of government, federal, state, and local may take private property through the designated power of eminent domain, exercising police power. The fifth amendment requires the governing body to provide just compensation for the private owner, and the owner has the right of due process to challenge the legality of the taking.