Real property in the United States is deeply entrenched in constitutional statutes that protect the rights vested through ownership.  The vast web of legal control is designed to support private enjoyment and curtail unnecessary interference from the government.  These fundamental characteristics of American property law can create enormous obstacles for cities and towns striving to remedy issues of property abandonment and vacancy.  Abandoned properties often slip into a state of legal limbo because the motivation of ownership has been lost through financial hardships, or diluted by the anonymous nature of institutional investment vehicles.  This is where the powerful yet controversial tool of eminent domain comes into play.  The Kelo backlash has put shrinking cities in a difficult position in that eminent domain is a critical component to redeveloping vacancy induced blight on a neighborhood scale.  As noted in a previous post, the East Baltimore Development project run by EBDI has created a very equitable relocation program for displaced residents of the Middle East Baltimore neighborhood.  This relocation program is just one several components that make the East Baltimore project a model for effective Kelo prescribed eminent domain authority.  The foundation of the east Baltimore model is community involvement. Neighborhood residents have substantial interaction with the project in all phases. Numerous channels of communication have been established, and multiple organizations such as the resident-formed Save Middle East Action Committee (SMEAC) and the Annie E Casey Foundation ensure resident voices are heard.  These measures have created an open and collaborative dialogue between EBDI and neighborhood residents.  While progress has been made, statutory reform is required to make the East Baltimore model the standard rather than an outlier.  As Jim Kelly, director of the Community Development Clinic at the University of Baltimore puts it, ‘if eminent domain is ever to play its essential role in a just redevelopment of a severely deteriorated urban neighborhood, then the rights of residents to plan the redevelopment and remain in the redeveloped community must be guaranteed by law.”

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