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Private Property and Public Power - Eminent Domain in Philadelphia (Paperback)
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Private Property and Public Power - Eminent Domain in Philadelphia (Paperback)
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When governments use eminent domain to transfer property between
private owners, Americans are outraged-or so most media and
academic accounts would have us believe. But these accounts obscure
a much more complex reality in American conceptions of property. In
this book, Debbie Becher presents the first comprehensive study of
a city's eminent domain acquisitions, exploring how and why the
City of Philadelphia took properties between 1992 and 2007 and
which takings led to protests. She uses original data-collected
from city offices and interviews with over a hundred residents,
business owners, community leaders, government representatives,
attorneys, and appraisers-to explore how eminent domain really
works. Becher surprises readers by finding that the city took over
4,000 private properties, or one out of every hundred such
properties in Philadelphia, during her study period. Furthermore,
these takings only rarely provoked opposition-a fact that
established views on property are ill-equipped to explain. To
investigate how Americans judge the legitimacy of eminent domain,
Becher devotes several chapters to two highly controversial sets of
takings for redevelopment projects. The American Street takings
were intended to win popular support for redevelopment and
initially succeeded in doing so, but it ended as a near total
failure and embarrassment. The Jefferson Square takings initially
faced vociferous opposition, but they eventually earned residents'
approval and became a political showpiece. Becher uncovers evidence
that Americans judge eminent domain through a social conception of
property as an investment of value, committed over time, that
government is responsible for protecting. This conception has never
been described in sociological, legal, political, or economic
scholarship, and it stands in stark contrast to the arguments of
libertarian and left-leaning activists and academics. But
recognizing property as investment, Becher argues, may offer a firm
new foundation for more progressive urban policies.
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