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The power of eminent domain was commonly used .
The term "blighted properties " for purposes of urban renewal condemnation, encompasses areas in process of deterioration or threatened with it as well as one already rendered useless and may include vacant land and air rights.
The power of eminent domain is often used by cities in connection with blighted areas and to accomplish their plans for urban renewal projects. New Rochelle has not yet attempted to use eminent domain in the "blighted" area, but the constitution of Newyork , Article XVIII, Section 2 sets precedents that give a city the background on which to pursue such action, should they decide to do so. The Constitution approaches the right of eminent domain, generally, with the following statements:
As mandated by the Fifth and Fourteenth Amendment of the united states constitution , the Town of New Rochelle would need to prove that the eminent domain is being used for a public purpose and, if this can proved, than they would need to offer the land owners "just compensation" for the properties. The courts have often found in favor of a town that uses eminent domain and redevelopment plans to facilitate economic stability.2 Furthermore, the Newyork state constitution , Article XVIII, Section 1, also states that it is acceptable, and even necessary, for a municipality to use private entities in order to accomplish redevelopment goals.
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