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Eminent domain as enclosure movement: the privatization of law under neoliberalism
Title
Eminent domain as enclosure movement: the privatization of law under neoliberalism.
Creator
Kleeger, Jeffery, Araghi, Farshad A., Florida Atlantic University, Dorothy F. Schmidt College of Arts and Letters, Department of Sociology
Abstract/Description
Law is a means to an end. The state has always claimed it uses law as a tool to promote social order and progress (the Brazilian National Flag is an example). The use of law to force social change to facilitate capital accumulation for elites in society flies in the face of what the takings clause is supposed to stand for. This research examines the connection between economic development and public good. It focuses on takings because takings lie at the intersection between economics,...
Show moreLaw is a means to an end. The state has always claimed it uses law as a tool to promote social order and progress (the Brazilian National Flag is an example). The use of law to force social change to facilitate capital accumulation for elites in society flies in the face of what the takings clause is supposed to stand for. This research examines the connection between economic development and public good. It focuses on takings because takings lie at the intersection between economics, politics, and social relations. Takings are justified by necessity and public good, but the claim isn’t genuine. Takings condone displacement and cause harm. State-authorized condemnation juxtaposes civic duty with social obligation, ownership with license and privilege. The thesis developed here is the state is pushing the law of takings toward the satisfaction of private interests. To that end the public use concept was expanded. Kelo v. City of New London (2005) holds economic development is a public use and in making that fallacious claim the case has ruptured takings law. Public use shouldn’t be about private gain. Property should be creative and is when it facilitates productivity, but it’s destructive if it erodes personal autonomy. The state claims it promotes social good when it reorders uses, but the claim is false. Instead the state achieves an air of legitimacy, offering a sound rationale for acts of displacement and uses law to support the claim it promotes public good. If an individual doesn’t want to part with her property she shouldn’t be forced to do so. Taking is use of state power to accomplish ends that can’t otherwise be achieved. Taking is a lawful means to displace to benefit private interests. The proof of this is in the pudding of the transformation of law between Berman v. Parker (1954) and Kelo v. City of New London (2005). Berman (1954) required blight. Kelo v. City of New London (2005) eliminated that requirement. This thesis explains how law and state are captured by private interests.
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Date Issued
2015
PURL
http://purl.flvc.org/fau/fd/FA00004386, http://purl.flvc.org/fau/fd/FA00004386
Subject Headings
Common good, Eminent domain -- Law and legislation -- United States, Land use -- Economic aspects -- United States, Neoliberalism, Privatization -- United States, Property -- Social aspects, Right of property -- United States
Format
Document (PDF)
Foreclosure effects
Title
Foreclosure effects: the changing landscape and those left behind in Broward County, Florida.
Creator
Shaw, Cindy M., Charles E. Schmidt College of Science, Department of Geosciences
Abstract/Description
The recent financial crisis which has beset the United States has made itself felt in a number of ways, not the least of which has been its adverse effect on the housing market. As foreclosure percentages accelerated, increasing numbers of properties across the country became empty and abandoned, leaving a visible imprint of deterioration in neighborhoods that were significantly affected. Initial GIS analysis of both foreclosed and non-foreclosed residential land in Broward County Florida was...
Show moreThe recent financial crisis which has beset the United States has made itself felt in a number of ways, not the least of which has been its adverse effect on the housing market. As foreclosure percentages accelerated, increasing numbers of properties across the country became empty and abandoned, leaving a visible imprint of deterioration in neighborhoods that were significantly affected. Initial GIS analysis of both foreclosed and non-foreclosed residential land in Broward County Florida was conducted, showing that there is a discernible spectral difference in the lawn space of these two types of properties, with foreclosed properties exhibiting more brownness, or loss of green space. In order to evaluate whether or not this visible deterioration has had an effect on residents left behind in areas of foreclosure and their own habits, 950 mail-in surveys were distributed throughout 19 different census tracts in Broward County, inquiring about demographics, surrounding foreclosures, degrees of concern for home value and appearance, and changes in lawn maintenance since the foreclosure crisis along with reasons for such change if such exists. Data received from respondents was then analyzed in order to identify any attributes or correlations which might contribute to further neighborhood change, and how any of these factors might be affecting attitudes or perceptions of those left behind, as well as their lawn maintenance habits.
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Date Issued
2013
PURL
http://purl.flvc.org/fcla/dt/3361063
Subject Headings
Financial crises, Foreclosure, Community development, Urban, Land use, Urban, Economic conditions
Format
Document (PDF)