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Gerald E. Frug & David J. Barron, Making Planning Matter: A New Approach to Eminent Domain, Harv. Design Mag., Spring/Summer 2005, at 71.


Abstract: Discusses changing legal responses to eminent domain policies in urban planning. The authors detail recent cases in Illinois and Mesa, Arizona where a court ruled a planning authority's plans to redevelop urban areas as unconstitutional, focus on the legal decisions surrounding the planned expansion of the Metropolitan Airport in Wayne County, and note that the U.S. Supreme Court is considering constitutional reform for eminent domain in the coming year. They highlight the importance of treating eminent domain on a case-by-case basis, suggest how differing definitions of public use complicate the legal response to eminent domain policies, and argues for the importance of effective municipal planning.