For Triangle area folks, perhaps the most interesting section is the discussion of the history of the Hayti section of Durham. We generally understand that it fell to the dreaded forces of "urban renewal" (see Yonah Freemark's nice site), but what came as a surprise for me was that the residents of Hayti bought the program: they believed the promises that the resulting new landscape would be better for everybody. It wasn't, of course. To the expected range of emotional responses to having your neighborhood wrecked, anger at that betrayal has to be added.
It was a 1954 Supreme Court opinion, Berman v. Parker, that opened the way for municipalities to exercise eminent domain in the name of "cleaning up" the "slums." Making a broad sweep, it was the first to say that a "public use" under the 5th amendment takings clause could be found when the resulting use was not strictly public, if the result--the specific result in this case being planned urban renewal--was for a public purpose. It even allowed the destruction of buildings that were not run down if they were in the midst of what the city considered a "blighted" area.
So this is what happened in Durham. Beautiful, important buildings--which we would now surely consider "historic"--fell to the bulldozer along with the "slums." One of them was the White Rock Baptist Church building, a handsome Gothic structure that was a frequent meeting place for civil rights workers. This is where Martin Luther King, Jr. spoke in February 1960, just after the Greensboro sit-ins.
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The Berman opinion, in turn, served as key precedent for Kelo v. City of New London. Kelo has generated plenty of outrage. Where was the outrage 50 years ago?
But I digress. Congratulations, Fitz, on a well-deserved recognition!
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