Wednesday, September 28, 2011

Alexander on Lawmaking and the Debate between Place-Based and People-Based Community Development

Lisa Alexander (Wisconsin) has posted Cultural Collective Efficacy, Social Capital and Place-Based Lawmaking: Revisiting the People Versus Place Debate.  In it she renews the debate between those who advocate improving geographic communities and those who emphasize increasing options for economically and socially mobile households.  Here's the abstract:

U.S. housing law is finally receiving its due attention. Scholars and practioners are primarily focused on the subprime mortgage and foreclosure crises. Yet, the current recession has also resurrected the debate about the efficacy of place-based lawmaking. Place-based laws direct economic resources to low-income neighborhoods to help existing residents remain in place and to improve those areas. Law-and-economists and staunch integrationists respectively attack place-based lawmaking on economic and social grounds. This Article examines the efficacy of place-based lawmaking through the underutilized prism of culture. Using a socio-legal approach, it develops a theory of cultural collective efficacy as a justification for place-based lawmaking. Cultural collective efficacy describes positive social networks that inner-city residents develop through participation in musical, artistic and other neighborhood-based cultural endeavors. Cultural collective efficacy can help inner-city residents mitigate the negative effects of living in a poor and segregated community as well as obtain more concrete benefits from urban revitalization. It provides a framework to examine important microdyanmics in the “inner-city” that many scholars and policymakers have ignored. This Article devises new combinations of place-based laws that might protect cultural collective efficacy such as: (1) historic districts with affordable housing protections secured through transferable development rights, (2) foreclosure prevention strategies, (3) techniques to mitigate eminent domain abuse, and (4) re-interpretations of the Fair Housing Act’s “affirmatively furthering” fair housing mandate. These examples of place-based lawmaking may more effectively promote equitable development and advance distributive justice in U.S. housing law and policy. 

Jim K.

September 28, 2011 in Affordable Housing, Property Theory, Race, Scholarship, Zoning | Permalink | Comments (0) | TrackBack (0)

Wednesday, September 14, 2011

Von Hoffman on Housing Rights and Inequality in Post-War America

Alexander Von Hoffman (Harvard-Joint Center for Housing Studies) has posted Housing Rights and Inequality in Post-War America, a paper he presented at the 2011 Annual Meeting of the American Political Science Association (APSA).  His brief abstract reads:  In the United States the extension of social rights, as expressed in the Universal Declaration of Human Rights adopted by the United Nations in 1948, has been contested and uneven. The politics that have shaped the American welfare state has provided some population groups greater access to these rights than others. By examining the extension of government housing subsidies during the middle decades of the twentieth century era, this paper reveals the dynamics that created social rights for some groups of citizens but not for others.

Jim K.

J.Kelly@nd.edu

September 14, 2011 in Affordable Housing, Inclusionary Zoning, Race | Permalink | Comments (0) | TrackBack (0)

Tuesday, August 30, 2011

Alavi on Kelo Six Years Later

Boston College Third World Law Journal Notes Editor Asher Alavi has written KELO SIX YEARS LATER: STATE RESPONSES, RAMIFICATIONS, AND SOLUTIONS FOR THE FUTURE.  Here's the abstract:

In 2005, the U.S. Supreme Court upheld the constitutionality of eminent domain takings that benefit private developers in Kelo v. City of New London. The case led to public outcry on both the right and the left and the revision of many state eminent domain laws to curtail such takings. However, most of the new laws have been ineffective. In many states, the burden of the takings falls largely onto poor, minority communities while, in others, revitalization projects by private developers are prohibited entirely. This Note examines the negative implications of current approaches to takings on inner-city, minority communities and concludes that states should adopt an approach that allows revitalization of blighted areas by private developers but also provides effective limits such as a narrow definition of blight, enhanced compensation for the displaced, and procedural provisions such as Community Benefits Agreements.

Jamie Baker Roskie

August 30, 2011 in Community Economic Development, Development, Eminent Domain, Local Government, Property Rights, Race, Redevelopment, Scholarship, State Government | Permalink | Comments (0) | TrackBack (0)

Wednesday, August 3, 2011

"Transportation as a Civil Rights Issue"

An interesting article in Wired magazine on a new report from the Leadership Conference on Civil and Human Rights on transportation equity:

According to the report, the average cost of owning a car is just shy of $9,500. That may not sound like much until you realize the federal poverty level is $22,350 for a family of four. One-third of low-income African-American households do not have access to an automobile. That figure is 25 percent among low-income Latino families and 12.1 percent for whites. Racial minorities are four times more likely than whites to use public transit to get to work.

Yet the federal government allocates 80 percent of its transportation funding to highways.

“This is the civil rights dilemma: Our laws purport to level the playing field, but our transportation choices have effectively barred millions of people from accessing it,” the report states. “Traditional nondiscrimination protections cannot protect people for whom opportunities are literally out of reach.”

Read the full report here.

Jamie Baker Roskie

August 3, 2011 in Federal Government, Race, Transportation | Permalink | Comments (0) | TrackBack (0)

Sunday, July 10, 2011

Closed Pools a Sign of Deeper Local Problems

From The New York Times, an article about the struggles local governments face in keeping their public pools open:

There are few things in life more doleful than a child looking at a closed pool on a steamy summer day, and yet that sad scene has become as common as sunburns and mosquito bites as struggling local governments make the painful choice to shut their pools to save the budget. The list of locales where public pools have been in jeopardy in recent years includes some of the sweatiest spots in the nation, including Central Florida (90s and humid on the Fourth), Atlanta (90), and Houston (97)...

The question of where pools are closed often raises issues of class and race. In the case of Houston, one of the pools closed in June was in Independence Heights, a historically black neighborhood where the median household income in 2009 was about $27,000, according to city statistics.

The city councilman for the area, Ed Gonzalez, said the loss of a pool there would sting worse than in more well-to-do neighborhoods. “There are no other true community assets out there,” he said. “Your neighborhood park and your pools are the only real amenities that some of these communities have.”

Mr. Gonzalez, a former police officer, said it was not just a matter of letting people beat the heat. The lack of a local pool, he said, could have an impact on public safety. “If kids do not have a productive thing to do, like swimming or community centers to go to,” he said, “it’s more idle time they have on their hands.”

Here in Athens the Leisure Services department seems to be doing a good job keeping the pools open, but we went without a public fireworks show this year due to lack of sponsorship.  While these types of amenities are hard for local governments to support in tough economic times, they are also key to a community's quality of life.  It will be interesting to see how deep communities will dig to maintain the rituals of summer in these difficult days.

Jamie Baker Roskie

July 10, 2011 in Budgeting, Financial Crisis, Georgia, Houston, Local Government, New York, Race | Permalink | Comments (0) | TrackBack (0)

Tuesday, June 28, 2011

A Reversal of the Great Migration

If you haven't already used up your June allotment of free articles on The New York Times website, you might find this article interesting.  It's entitled "For New Life, Blacks in City Head South."  An excerpt:

Life has gone full circle,” said Ms. Wilkins, whose grandmother was born amid the cotton fields of North Carolina and moved to Queens in the 1950s.

“My grandmother’s generation left the South and came to the North to escape segregation and racism,” she said. “Now, I am going back because New York has become like the old South in its racial attitudes.”

Many black New Yorkers who are already in the South say they have little desire to return to the city, even though they get wistful at the mention of the subways or Harlem nights.

Danitta Ross, 39, a real estate broker who used to live in Queens, said she moved to Atlanta four years ago after her company, responding to the surge in black New Yorkers moving south, began offering relocation seminars. She helped organize them, and became intrigued.

Ms. Ross said she had grown up hearing stories at the dinner table about segregation. She said the Atlanta she discovered was a cosmopolitan place of classical music concerts, interracial marriage and opulent houses owned by black people.

A single mother, she said that for $150,000, she was buying a seven-room house, with a three-car garage, on a nice plot of land.

Ms. Ross said she had experienced some culture shock in the South, and had been surprised to find that blacks tended to self-segregate, even in affluent neighborhoods.

She said that the South — not New York — was now home.

“People in Georgia have a different mind-set and life is more relaxed and comfortable here,” she said. “There is just a lot more opportunity.”

I'm a bit suprised by this trend, given that unemployment in Georgia, particuarly among blacks, remains very high.  But, cost of living and pace of life do account for a great deal.  Still, it's a interesting reversal of a very long trend of northern migration.

Jamie Baker Roskie

June 28, 2011 in Georgia, New York, Race | Permalink | Comments (0) | TrackBack (0)

Wednesday, June 8, 2011

Romero on Race and Place from Berman & Brown to Kelo & Parents Involved

Tom Romero (Denver) has posted Kelo, Parents and the Spatialization of Color (Blindness) in the Berman-Brown Metropolitan Heterotopia, 2008 Utah L. Rev 947 (2008). Here's the abstract:

The article uses the 1954 eminent domain and school integration decisions in Berman v. Parker and Brown v. Board of Education and the more recent Kelo v. New London and Parents Involved in Community Schools v. Seattle School District cases to examine the rise of the multiracial metropolis in the United States. By linking and concomitantly exploring the United States Supreme Court’s eminent domain and school desegregation decisions, the article offers a fundamentally new approach to understanding the consequence and import of these decisions in managing property and race relations in the contemporary United States.
Analytical emphasis on the period extending from Berman-Brown through the Kelo-Parents decisions is especially important for two reasons. First, this era dramatically perfected the ability of the state to define as well as manage property and race relations. A coherent vision of well-ordered and sufficiently contained metropolitan space - represented through eminent domain and other municipal land use powers as well as through school desegregation jurisprudence - both propelled and sustained this order. Second, and intricately related is the paradox of color-consciousness and color-blindness during this period. Particularly as the nation’s racial anxieties played themselves out on a global and increasingly multiracial scale through school integration battles, land use law and takings jurisprudence obscured the multicolor segregation taking place in many of the fastest growing metropolitan areas. Together, the novel effect of each of these landmark decisions put into question the viability of a de jure-de facto distinction that became sacrosanct in American constitutional law.
This article utilizes interdisciplinary methodology and resources to describe the manner by which legally enforced color lines on a local scale became paradoxically proscribed, yet essential to what I call the multi-racial heterotopia. As a consequence of scholars largely having failed to make the link between eminent domain and school integration jurisprudence in the construction of the modern metropolitan United States, the article makes a timely and important intervention to the combined analysis of these most recent Supreme Court cases.

Jim K.

 

June 8, 2011 in Caselaw, Constitutional Law, Race | Permalink | Comments (0) | TrackBack (0)

Tuesday, April 12, 2011

NYU Furman Center's State of NYC Housing & Neighborhoods

Vicki Been and the NYU Furman Center for Real Estate & Urban Policy have announced the release of their 2010 State of New York City's Housing and Neighborhoods report.  Here's the email announcement, posted with permission:

Dear Friends and Colleagues,

We are pleased to present the 2010 edition of the State of New York City’s Housing and Neighborhoods annual report. As you well know, this report is a critical resource for data on housing, demographics, and quality of life indicators for each borough and for the city’s 59 community districts.

This year, we examine multi-family rental properties, a critical source of housing for more than four in ten New Yorkers. We find that multi-family rental properties received more foreclosure notices in the last two years than any period since the early 1990s. The study finds that smaller multi-family rental buildings (5-19 units) are most likely to receive a foreclosure notice among the multi-family properties, while the largest properties (100 or more units) have experienced the sharpest uptick in foreclosures in the recent years. The report also finds evidence that renters experience deteriorating living conditions when multi-family rental properties fall into financial distress and foreclosure.

This year’s report also includes new chapters: Getting to Work in New York City, which presents an analysis of commuting patterns in New York City, and Public and Subsidized Rental Housing in New York City, which finds that nearly one in five residential units (18.4%) in the city is publicly supported.

A look at the trends in this year’s State of New York City’s Housing and Neighborhoods reveals that the state of New York City’s housing market remains uncertain.  After dramatic declines in housing prices in 2008 and 2009, the prices of condominiums and multi-family buildings began to bounce back in 2010, but the prices of single-family and 2-4 family homes continued to decline. In Manhattan, where the market avoided the sharp declines of the outer boroughs, housing prices are down only 9.9 percent from their peak, compared to 27.8 percent citywide.

Mortgage lending remained low in 2009, but the number of refinancing loan originations jumped as homeowners took advantage of historically low interest rates. While the housing crisis has been felt across the city, it has had a disparate impact on different racial and ethnic groups. Homeownership grew more quickly among white and Asian families in the last decade than Hispanic or black households, and declines in home purchase during the recession were most dramatic among black and Hispanic borrowers.

Despite the recession, most of the city’s social and economic indicators have improved in the last decade. Median inflation-adjusted incomes increased about five percent between 2000 and 2009. Poverty declined citywide, falling from 21.2 percent in 2000 to 18.7 percent in 2009. The population has continued to grow, led by the Asian population, which increased by 32 percent between 2000 and 2010. Health and quality of life factors have improved since 2000, and the city has experienced overall reductions in asthma hospitalizations, infant mortality and crime.

As always, we eagerly await your comments and feedback. If you would like to receive a hard copy, please email furmancenter@nyu.edu.

Vicki Been, Ingrid Gould Ellen, Sarah Gerecke

Fascinating information; you can download the full report at the link.

Matt Festa

April 12, 2011 in Affordable Housing, Housing, Local Government, Mortgage Crisis, Mortgages, New York, Planning, Property, Race, Real Estate Transactions, Scholarship, Urbanism | Permalink | Comments (1) | TrackBack (0)

Sunday, April 3, 2011

Glover Blackwell on Social Equity and Geographic Inclusion

Angela_m 
Just in time for this week's discussion of the Mt. Laurel responses to exclusionary zoning, Shelterforce, the magazine of the National Housing Institute, features an article by PolicyLink's founder and CEO, Angela Glover Blackwell.  In Equity Is Not Optional, she makes the case for both social equity as indispensable to sustainable national success and commitment to inclusionary, place-based strategies as critical to social equity.  She then sets out five principles for a social equity strategy illustrating each with model programs such as Harlem Children’s Zone and San Diego's Market Creek Plaza.   With Patrick Maier's sidebar on Inclusionary Zoning, it may make for some timely supplemental reading.

Jim K.

April 3, 2011 in Affordable Housing, Community Economic Development, Inclusionary Zoning, Race | Permalink | Comments (0) | TrackBack (0)

Sunday, February 27, 2011

Tribes, Land, and the Environment

I just returned from a stimulating one-day conference at American University's Washington College of Law called Tribes, Land, and the Environment. Organized by Ezra Rosser and Sarah Krakoff,  it was a great mix of speakers on Indian law generally and environmental issues affecting/involving tribes significantly. Land use gets even more complicated when we add tribes to the mix and need to address the special issues of working with sovereign entities and federal law. I presented some of the initial findings of a larger study I am undertaking on how tribes use conservation easements. Specifically, I was examining instances where tribes hold conservation easements over land off-reservation. Much like other governments [as I have written about here], tribes use conservation easements to protect areas and ecological amenities outside their jurisdictions. I have been particularly intrigued by (1) whether tribes need to adhere to state law when entering into such agreements and (2) considering how the use of conservation easements interacts with tribes' views of property and the natural world. Intriguing stuff. If you see any examples of tribal holders in your necks of the woods, please let me know!

Many of the presentations at the conference, will appear in an edited volume of the same name.

- Jessica Owley

February 27, 2011 in Books, Conferences, Conservation Easements, Environmental Justice, Environmental Law, Federal Government, Local Government, Property, Property Rights, Property Theory, Race, Scholarship | Permalink | Comments (0) | TrackBack (0)

Friday, February 18, 2011

NPR on Desegregation's Dragging Pace

This morning NPR broadcast an interview with Brown sociologist John Logan regarding his research on the intractability of black-white residential segregation.  Logan documents the persistent unwillingness of Whites to move into stable neighborhoods in which African-Americans make up 40% or more of the area population.  The story notes that Whites are more likely to join a residential community in which they are in the minority if other Asian-Americans and/or Hispanics are also present in significant numbers.

Jim K.

February 18, 2011 in Housing, Race | Permalink | Comments (0) | TrackBack (0)

Callison on the LIHTC and Geographic Desegregation

Bill Callison (Faegre & Benson, LLP; also ABA Forum on Aff. Housing and Comm. Dev. Law) has posted Achieving Our Country: Geographic Desegregation and the Low-Income Housing Tax Credit, 19 S. Cal. Rev. L. & Soc. Just. 213 (2010).  Here's the abstract:

This Article, which blends educational policy, housing policy, and tax policy, argues that one path down the precipice of racial inequality is to reverse a path that led us to where this problem began; namely, the racial segregation of the places where we live. This Article examines the country’s most important subsidy for creating affordable housing, the Federal Low-Income Housing Tax Credit (“LIHTC”), and considers whether the tax credit program has served as a tool for desegregating metropolitan neighborhoods. After concluding that the LIHTC program has not been an effective tool for reducing or eliminating continuing patterns of racial segregation and poverty concentration, this Article proposes numerous programmatic changes that could allow the tax credit program to promote greater geographic desegregation. Others have considered the impact of fair-housing laws on the LIHTC program. This Article contributes to that literature by going beyond fair housing to examine both the “cooperative federalism” concepts embedded in the program and the economic structure of tax credits, and by making practical suggestions on how the program can be improved to obtain racial integration. It takes a two-prong approach: First, this Article encourages more robust national guidance in order to encourage states to use credits to foster desegregation. Second, this Article considers changes to the economic structure of the program to provide incentives to developers and investors who undertake to provide affordable housing that results in desegregation.

Jim K.

February 18, 2011 in Affordable Housing, Development, Housing, HUD, Inclusionary Zoning, Land Trust, Landlord-Tenant, NIMBY, Planning, Race, Scholarship, Smart Growth | Permalink | Comments (0) | TrackBack (0)

Friday, January 28, 2011

McFarlane on the Geography of the Black Middle-Class

My colleague, Audrey McFarlane (Baltimore), has posted Operatively White?: Exploring the Significance of Race and Class Through the Paradox of Black Middle-Classness, 72 J. Law & Contemp. Probs. 163 (2009). Here's the abstract:

The black–white paradigm has been the crucial paradigm in racial geography of land use, housing and development. Yet it is worthwhile to consider that, in this context, distinctions based on race are accompanied by a powerful, racialized discourse of middle class versus poor. The black–white paradigm in exclusionary zoning, for example, involves the wealthy or middle-class white person (we need not even use the term white) protesting against or displacing the poor black person. (we also need not even use the term black). Another example of the racialized discourse of middle class versus poor is in the urban-gentrification context. The term "gentrification" suggests wealthier Whites displacing poor Blacks. Little attention has been paid to the significance of the increasing numbers of Blacks stepping into middle-class roles formerly held almost exclusively by Whites. Taking both race and class into account seems to demand exploration of the significance of Blackness and affluence within an existing societal structure that has evolved from white supremacy to a seemingly less-virulent, or more-benign, white norm - one in which normalcy, wealth, advantage, and presumptions of innocence are still implicitly predicated on Whiteness and in which an economic structure of white privilege and black disadvantage is inscribed into the geography of the physical landscape.

The reality that middle class homeowners, whether Black or White, seek to avoid the disadvantages of poverty presents a divide in black racial solidarity based on class. However, because of structural disadvantage in racially segregated neighborhoods, the black middle class are not as successful at getting away nor in protecting their turf as white middle class are. In effect this is a racial disadvantage but certainly a paradoxical one. It involves a disadvantage in escaping the poor and disadvantage in exercising privilege at the expense of the poor. Using the example of the black middle class, it is possible to see that the vestigial oppression of slavery and the domination of white supremacy have morphed but have not been eliminated. Instead, those institutions have been disaggregated into discrete, wealth-based components of Blackness and Whiteness. Thus, Blacks with money are privileged in certain limited circumstances to be operatively white. Through their wallets and educational or professional attainments they gain access to some of the privileges, goods, and services formerly reserved exclusively for Whites. Thus, this article considers challenges and opportunities of Blackness and middle-classness in its twenty-first century context of being "operatively white." Specifically, how should neighborhood land use conflicts be regarded if poor Blacks are disproportionately, negatively affected in relation to affluent Blacks? That racialized impact should not be dismissed as being purely about class just because the affluent are also black. Problems of class in the United States are racialized; they are never separate from the racial structures of subordination that still operate here. Accordingly, problems currently cognizable as being merely about class are necessarily still cognizable as problems of race.

In order to enrich our ability to give race and class the sophisticated and probing account that their complex interaction calls for, this paper takes the concept of racialized class to its logical end and explores the ways in which racial identity and racial social position are affected by class. Because race and class are structurally inscribed into the landscape, racial justice is considered to require economic liberation. Economic liberation comes, however, at the expense of the black poor. Therefore, there cannot be racial justice without economic justice.

Jim K.



January 28, 2011 in Affordable Housing, Housing, Race, Scholarship | Permalink | Comments (1) | TrackBack (0)

Saturday, January 15, 2011

Gypsy-Travellers & Land Use Direct Action

There was a fascinating piece on the radio in the UK this morning on the disputes between gypsy-travellers and settled communities (for a video see here) with direct action taken on both sides. This head-on collision over land use has arisen in the English village of Meriden where a group of gypsies attempted to construct a caravan site for 14 trailers on a field they own over a holiday weekend (giving them an additional day before local planning officers were open again). While these stealth tactics have previously been successful, this time gypsy-traveller ‘land activists’ were opposed by a human barricade of local residents who were determined not to let them build. Eight months later the gypsy-travellers continue to live on the site in their caravans (with sanitary facilities that were permitted to be constructed over the Summer) with both sides awaiting the outcome of an application for planning permission to construct hard standings and further infrastructure on the site. 

These are longstanding disputes (gypsies were regulated as early as the Egyptians Act of 1530), with the nomadism and communal living at the heart of many gypsy and travelers’ lifestyles challenging a planning system based on sedentarism and individualism. Rights to camp or pitch caravans on open spaces have long been restricted with public provision made for gypsy-travellers on authorised sites, although there has been a widely acknowledged lack of provision. This situation has been condemned as ‘deplorable’ by the European Court of Human Rights with approximately one in four Gypsies and Travellers living in caravans without a legal place on which to park their home.  

Disputes such as that at Meriden raise claims of unfairness, with arguments raging about whether ‘travelling’ or ‘settled’ communities are better treated by the planning system and why, if gypsies are traveling people, they need settled provision at all. The new Conservative-Liberal Democrat, responding to the concerns of their political supporters in the ‘Tory shires’, are about to introduce new rules on planning applications by gypsy-travellers to restrict their ability to apply for retrospective planning permission and to tackle the thorny issue of public provision of authorised sites. In the meantime, at today’s conference, no gypsy-travellers have apparently been invited to attend.

Antonia Layard

January 15, 2011 in Affordable Housing, Comprehensive Plans, Environmental Justice, Houston, Race | Permalink | Comments (0) | TrackBack (0)

Saturday, January 8, 2011

Housing and Community Development, 4th ed.

Carolina Academic Press has just released the 4th edition of Housing and Community Development: Cases and Materials (Amazon has a substantial preview). Barbara Bezdek (Maryland) has joined the already prominent list of eight community development and law professor editors.  The first revision in more than eleven years clearly bears the imprint of Barbara’s hard work.  New excerpted material puts the very timely topic of revitalization front and center and includes post-Kelo redevelopment, vacant building receivership (full disclosure, this one’s mine), tenants of foreclosure propertiesPeñalver and Katyal on Property Outlaws.   

 Jim K.

January 8, 2011 in Affordable Housing, Books, Community Economic Development, Development, Economic Development, Eminent Domain, Federal Government, Financial Crisis, Housing, Planning, Property, Property Rights, Race, Redevelopment, Sustainability, Takings | Permalink | Comments (0) | TrackBack (0)

Tuesday, December 14, 2010

New Book on Teaching Property Law & Race from Brophy, Lopez, and Murray

In the mail this morning, I received a copy of Integrating Spaces: Property Law & Race (Aspen, 2011), Integrating Spaces by Alfred Brophy (North Carolina), Alberto Lopez (Northern Kentucky), and Kali Murray (Marquette).  Here is the description:

Integrating Spaces: Property Law and Race enables you to seamlessly integrate historical and contemporary issues of race and ethnicity into your Property syllabus alongside your casebook. With historical perspective and doctrinal analysis, it maps the directions in which property law has turned in response to issues of race and ethnicity, and demonstrates how racial and ethnic categories continue to affect contemporary property law.

Integrating Spaces: Property Law and Race provides a dynamic social, historical, and doctrinal context for teaching property law:

  • nearly 30 new and provocative cases—including the Supreme Court decision in Oyama v. California (alien land laws) and state court and federal court decisions in Trueheart v. Parker and Morison v. Rawlinson (race nuisance cases involving a jazz club and an African American church)
  • extensive treatment of Federal civil rights statutes and their implications for environmental justice and the housing and financial crisis
  • a close look at the efficacy of traditional property concepts as solutions to minority or cultural requirements—such as easements by prescription for Native American religious uses (United States v. Platt), Native Hawaiian access to sacred sites and beaches ( PASH), and the impact of partition land sales on African-American farmers and indigenous communities
  • consideration of an international perspective, including cases on land redistribution in South Africa, cultural property in Australia, and restitution in post-conflict Bosnia and Herzegovina and Guatemala
  • legal context and appropriate pedagogy from statutes, excerpted law review articles, and questions for discussion in the notes
  • Teacher's Manual that provides additional questions and suggestions for linking the cases to coverage in traditional casebooks

Timely and relevant, Integrating Spaces: Property Law and Race brings a whole new dimension to your Property course. If you’re looking to refresh your teaching experience, challenge your students, or fuel class discussion, order a complimentary copy of Integrating Spaces: Property Law and Race.

A terrific resource!

Matt Festa

December 14, 2010 in Books, Property, Race, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)

Tuesday, December 7, 2010

Mitchell, Malpezzi, & Green on Forced Sale Risk: Class, Race, and the "Double Discount"

Thomas W. Mitchell (Wisconsin, Law), Stephen Malpezzi (Wisconsin, Real Estate & Urban Economics), and Richard Green (USC, Lusk Center for Real Estate)  have posted Forced Sale Risk: Class, Race, and The 'Double Discount', Florida State University Law Review, Vol. 37 (2010).  The abstract:

What impact does a forced sale have upon a property owner's wealth? And do certain characteristics of a property owner such as whether they are rich or poor or whether they are black or white, tend to affect the price yielded at a forced sale? This Article addresses arguments made by some courts and legal scholars who have claimed that certain types of forced sales result in wealth maximizing, economic efficiencies. The Article addresses such economic arguments by returning to first principles and reviewing the distinction between sales conducted under fair market value conditions and sales conducted under forced sale conditions. This analysis makes it clear that forced sales of real or personal property are conducted under conditions that are rarely likely to yield market value prices. In addition, the Article addresses the fact that judges and legal scholars have utilized a flawed economic analysis of forced sales in cases that often involve property that is owned by low- to middle-class property owners in part because those who are wealthier own their property under more stable ownership structures or utilize private ordering to avoid the chance that a court might order a forced sale under the default rules of certain common ownership structures. The Article also raises the possibility for the first time that the race or ethnicity of a property owner may affect the sales price for property sold at a forced sale, resulting in a "double discount," i.e. a discount from market value for the forced sale and a further discount attributable to the race of the property owner. If minorities are more susceptible to forced sales of their property than white property owners or if there does exist a phenomenon in which minorities suffer a double discount upon the sale of their property at a forced sale, then forced sales of minority-owned property could be contributing to persistent and yawning racial wealth gaps.

Matt Festa

December 7, 2010 in Finance, Housing, Mortgage Crisis, Mortgages, Property, Race, Real Estate Transactions, Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, November 11, 2010

Atlantic Yards: The Musical ("It's Not")

From The New York Times:

An alternative theater company has created a work based on the controversial Atlantic Yards development in Brooklyn.

“So there’s ULURP,” begins the second song in a new musical about Brooklyn. “ULURP is the Uniform Land Use Review Procedure/Which required community involvement and public review/Of all kinds of New York City land-use projects.”

If this seems like something you might read in the notes of a community board meeting, that’s because it is. The song goes on to define the Empire State Development Corporation and the New York State Urban Development Corporation (E.S.D.C. and U.D.C., for musicality) and describe how they function together. “And that’s how eminent domain works!” it concludes. Jaunty, no?

As far as I know, this is the first attempt to set a land use code to music, but I'd love to hear if anyone knows of another example!

For Steve Cosson, a founder of the inquisitive musical theater troupe the Civilians, dramatizing this wonky subject led to a fertile multiyear examination of politics, race, democracy, money and community, centered on the Atlantic Yards project in Brooklyn. Titled “In the Footprint,” the show mines the New Yorkiest of obsessions — real estate — to present a layered portrait of a city and a neighborhood changing, sometimes under duress. “Atlantic Yards: The Musical!” it’s not.

The songs in “In the Footprint: The Battle Over Atlantic Yards” (the creators call them blogosongs) serve not as emotional showstoppers but as commentary and explanation — the Greek chorus of the digital age. The show, which begins previews at the Irondale Center in Fort Greene, Brooklyn, on Friday, and opens on Nov. 22, is based on interviews with business owners, neighbors, politicians, bloggers and activists touched by Atlantic Yards, the developer Bruce Ratner’s divisive project to reconfigure 22 acres of urban landscape in Brooklyn, displacing scores of residents and small businesses in the process.

There are so few examples of artistic effort based on land use law.  If you're in New York during the run, take it in and send us a review!

Jamie Baker Roskie

 

November 11, 2010 in Development, Economic Development, Eminent Domain, Humorous, New York, Planning, Politics, Property, Property Rights, Race, Redevelopment, State Government | Permalink | Comments (0) | TrackBack (0)

Wednesday, October 13, 2010

Shirley Sherrod Gives First Speech Since Controversy

As I mentioned in a previous post, former head of Georgia Rural Development for the USDA Shirley Sherrod spoke Saturday night in Gainesville, Georgia.  The occasion was a banquet celebrating the 60th Annivesary of the Newtown Florist Club, a Land Use Clinic client.  There was a good turn-out for Sherrod's first speech since her ouster and the attempted re-hire by the Secretary of Agriculture.  (Read the latest press re: the government e-mails about the controversy, recently obtained through a FOIA request.)

Sherrod's speech was deeply personal.  She described the unpunished murder of her father by a white farmer in the 1960s, and how that event made her devote her life to changing things in the South.  Her feelings about her father's murder, and the extensive discrimination suffered by black farmers in Southeast Georgia, at first lead her to hesitate in helping a white farmer (when she was running a non-profit agency, before her time at USDA).  In telling the story of how she overcame that hesitation to help the white farmer, she became open to the accusations of racism that lead to her ouster, even though she was trying to make the point that, for her, rural development is not about race but about poverty.

Sherrod says she shared that story about the farmer back in July to show others that if she could overcome her own personal demons, then so could others. The story was meant to be used as an example and encouragement for others to come together.

"We can't just work in isolated groups, (all races) need to work together to make the changes in the world that we need to make," Sherrod said.

"It's not about black people by themselves and it's not about white people by themselves. Let's all come together as a community."

I came away with the impression that she plans to write a book about her life, and she vowed at the end of her speech to continue to speak out about racism.  It will be remarkable to see where she goes next, in her already remarkable life.

Jamie Baker Roskie

October 13, 2010 in Agriculture, Environmental Justice, Race | Permalink | Comments (0) | TrackBack (0)

Friday, September 24, 2010

Alexandre on Navigating the Topography of Inequality Post-Disaster

Michele Alexandre (Mississippi) has posted Navigating the Topography of Inequality Post-Disaster: A Proposal for Remedying Past Geographic Segregation During Rebuilding, a chapter from the book Law and Recovery from Disaster: Hurricane Katrina, edited by Robin Paul Malloy for the Ashgate series on Law, Property, and Society (2009).  The abstract:

In this chapter, I argue that New Orleans’ history of geographic segregation mandates that the burden of restoring the city be shared by all United States citizens. One useful method for implementing this nationwide burden sharing would be to levy a uniform one to two percent tax based on individuals’ income. This uniform tax would be minimal and would be consistent with other taxes raised for the public good, such as the security taxes levied on air travel post September 11, 2001. The funds accumulated from levying the taxes can be used to address some of the financial needs of individuals in disaster stricken areas. This proposal is consistent with the theory of burden-sharing based on ability to pay, which is sometimes used to allocate proportional responsibility among diverse and differently situated individuals. In the international realm, this principle has sometimes been applied in the face of a need “for nations to share in joint and sometimes costly projects for the common good.” (See Daniel A. Farber, Disaster Law and Inequality, 25 Law & Ineq. 297, 320 (2007) (stating: “Social disadvantage can kill in very obvious ways during a disaster” and noting President Bush’s statement that “the poverty of so many in the region ‘has roots in a history of racial discrimination’”).

Consistent with this practice, the burden-sharing based on ability to pay “rests on equal sacrifice notions and implies either proportional or progressive tax schedules.” (Id. at 313–314 n.14). Comprehensive disaster insurance is one of the solutions that have been advanced to alleviate financial needs in times of disaster. This solution, however, because it shifts the burden of remedying the financial woes caused by disaster onto the disaster stricken individuals, does not fully achieve equity. In shifting the burden of providing remedies to the would-be-harmed individuals, the comprehensive disaster insurance proposal does not account for the role that residential and occupational segregation have had on individuals’ choice of geographic residence. This burden should be shared as a way of holding the other cities and states accountable for their silent ratification of these types of geographic segregation. Furthermore, this model of burden-sharing should not be limited to the restoration of New Orleans. It should be implemented in all instances where we can demonstrate that certain groups have historically been pushed out of geographically safe and desirable regions of the United States, being forced to live in precarious and dangerous areas. This chapter is divided into three parts. In the first, I investigate the ways in which cities have been geographically segregated and continue to be so today through various land-use related municipal decisions. In the second, I consider how geographical segregation has caused disproportionate harm in New Orleans. In the third, I argue that remedying New Orleans’ geographical segregation should be one of the primordial goals of the rebuilding efforts and I enunciate a standard that can be used to determine whether rectifying geographical segregation should play a role in disaster prevention as well as in post-disaster rebuilding plans.

Matt Festa

September 24, 2010 in Federal Government, History, Planning, Politics, Property, Race, Redevelopment, Scholarship | Permalink | Comments (0) | TrackBack (0)