Works Cited Primary Sources 14th Amendment. Texas Politics- Reconstruction and the Civil War Amendments. N.p., n.d. Web. 3 Feb. 2014. <http://www.laits.utexas.edu/txp_media/html/cons/features/0206_01/slide4.html>. 14th Amendment Alpert, Steve. Cross-Bronx Expressway Sign. Healthy Building News. N.p., 13 Sept. 2006. Web. 3 Feb. 2014. <http://www.healthybuilding.net/news/060913urban_renewal.html>. Present-day Cross-Bronx Expressway "Battle of Bunker Hill." The American Revolution. N.p., n.d. Web. 3 Feb. 2014. <http://www.chs.riverview.wednet.edu/Staff/Hall/digitools/web_american_wars/2012_20 13/Period_6/Ho_american_history/revolution.html>. American Revolution battle Caro, Robert A. The Power Broker: Robert Moses and the Fall of New York. New York: Alfred A. Knopf, 1974. Print. One of Moses’ many building projects was the creation of the Cross-Bronx Expressway, which connects the Bronx, a New York City Borough with Queens and Manhattan. Part of the proposed route, nicknamed the One Mile, East Tremont was occupied by Jewish refugees from Eastern Europe and Russia. To make his dream possible, Moses had to displace more than five-thousand people in more than a thousand five hundred and thirty apartments. This led to many residents to advocate for their right to own their residence without the government’s intrusion, but its the government’s responsibility to put the needs of the many before the needs of the few. This project was for the good of the people, but there is a component of human relations that must be satisfied to provide more than just compensation. This community, like most
communities taken by Eminent Domain, was poor and priced out of any decent neighborhood. The families who settled in East Tremont had a history of hardships in that most of them fled harsh treatment in Russia, ending up in New York’s lower east side, where more adversity struck. The streets of the lower East Side, copious with smoke, elicited parents' concern for their children’s health. East Tremont was a safe haven for a portion of the Jewish community, away from the nocuous environment of the lower east side. Various factors must be carefully considered in determining whether Eminent Domain should be utilized, including the future of the residential population that would be displaced. A balance is essential to make sure that both the property owner and the government are content with the outcome. The result of building the Cross-Bronx Expressway was that residents not displaced, but in earshot of the expressway, were forced to move away because of the strident noise from the loud cars and trucks. The vacancies attracted poor Jews who were desperate for homes. This begs the question if it was worth creating an expressway with all the adversity that followed. But as a hackneyed proverb that Moses frequently quoted says, “you’ve got to crack a few eggs to make an omelette”, which is exactly what occurred. There will always be controversy, but the Government has the responsibility to choose the right path that is better for the people, as that is what the Government is created to do. A photo of Moses with the city behind him, giving a sense that this was a powerful man. Another photo is an aerial view of the Cross-Bronx Expressway Central Park Ice Rink. Central Park. N.p., n.d. Web. 3 Feb. 2014. <https://sites.google.com/site/mperiolat/centralpark>. Central Park in the 1800s and its amenities that drew people to the park
Central Park in the 1890s. N.d. An Unwelcome Success. Web. 3 Feb. 2014. <http://www.barelyb.com/history.htm>. Central Park fountain in 1800s Central Park Map. Map. Ephemeral New York. Web. 3 Feb. 2014. <http://ephemeralnewyork.wordpress.com/tag/yorkville/>. Map of Central Park Constitution. Indiana Society of the Sons of the American Revolution. Indiana Society of the Sons of the American Revolution, n.d. Web. 3 Feb. 2014. <http://inssar.org/>. the US Constitution Federalist Papers Advertisement. N.d. ConstitutionFacts.com. Web. 3 Feb. 2014. <http://www.constitutionfacts.com/us-articles-of-confederation/the-federalist-papers/>. Federalist Papers Advertisement Fifth Amendment. Grokshirts.com. N.p., n.d. Web. 3 Feb. 2014. <http://grokshirts.com/fifth%20amend%20shirt.htm>. No person shall...be deprived of life, liberty, or property, without due process of law; now shall private property be taken for public use, without just compensation. This is where Eminent Domain was born. James Madison. N.d. James Madison Museum. Web. 3 Feb. 2014. <http://www.thejamesmadisonmuseum.org/biographies>. James Madison Madison, James. The Federalist No. 54. Constitution Society. N.p., n.d. Web. 9 Feb. 2014. <http://www.constitution.org/fed/federa54.htm>. 1788 In "The Federalist Papers," James Madison advocated for limits on government power: "Government is instituted no less for protection of the property, than of the persons, of individuals." Magna Carta. Social Studies for Kids. N.p., n.d. Web. 3 Feb. 2014. <http://www.socialstudiesforkids.com/articles/worldhistory/magnacarta.htm>. A picture of the Magna Carta
Robert Moses. N.d. The Bowery Boys. Web. 3 Feb. 2014. <http://theboweryboys.blogspot.com/2010/03/robert-moses-did-he-save-new-yorkor.html>. Robert Moses next to a model of the city Robert Moses. N.d. A Technology job is no excuse. Web. 3 Feb. 2014. <http://atechnologyjobisnoexcuse.com/tag/robert-moses/>. Robert Moses Route Study for Development Pal Cross-Bronx Thruway. Map. Musings on Maps. Web. 3 Feb. 2014. <http://dabrownstein.wordpress.com/category/openstreetmaps-osm/>. Map of Cross Bronx-Expressway Yankee Doodle. Internet Archive. N.p., n.d. Web. 4 Feb. 2014. <https://archive.org/details/YankeeDoodle_775>. American Revolution
Secondary Sources Biersdorf & Associates. N.p., 11 Dec. 2011. Web. 3 Feb. 2014. <http://www.condemnationlaw.com/blog/articles-eminent-domain/2435/eminent-domain-process-powers-andhistory-part-2/>. Political Cartoon representing that the Local Government is instrumental in getting the Court's decision to take private property under Eminent Domain "Central Park." City of New York Parks and Recreation. The City of New York, 9 Feb. 2004. Web. 23 Dec. 2013. <http://www.nycgovparks.org/parks/centralpark/dailyplant/18599>. once home to approximately 1,600 poor occupants and contained patches of pig farms, quarries and swamps "FAQs About the NYS Eminent Domain Procedure Law." Attorney General Eric T. Schneiderman. New York State Office of the Attorney General, n.d. Web. 5 Nov. 2013.
<http://www.ag.ny.gov/real-property/faqs-about-nys-eminent-domain-procedure-law>. just compensation determined by the highest bidder "History." CentralPark.com. Greensward Group, n.d. Web. 23 Dec. 2013. <http://www.centralpark.com/guide/history.html>. More than 800 acres were taken by Eminent Domain to recreate the aesthetic image of the parks in Europe. The purpose of the project was to make a center piece of New York City, connecting East and West Manhattan, and to give a healthy, outdoor alternative to drinking in the local saloon New York State. Office of Temporary and Disability Assistance. N.p., n.d. Web. 3 Feb. 2014. <https://www.childsupport.ny.gov/DCSE/LocalOffices_input.action>. Emphasizing that I am talking about New York Unintended Consequences: Eminent Domain. Prod. Izzit.org. 2002. 2002. DVD. There's something in the Constitution called Eminent Domain that gives the Government the power to take your property, even if you don't want to sell. The Founding Fathers wanted to create a nation of free people and they wrote the Constitution to protect individual rights for Government power. The Founders believed one of the most important individual rights is the right to own property. But the Founders also made an exception to this rule, the Fifth Amendment to the U.S. Constitution states that Governments may take private property, but only under certain conditions. The property must be put to a public use and the property owners must be provided just compensation. This practice is called Eminent Domain... Eminent Domain was used extensively whenever property owners would refuse to sell their property to the Government. Throughout most of our country's history, local governments have used the power of Eminent Domain to take private property in order to convert the property to public uses, like schools, hospitals, and roads.
United States. Fifth Amendment- Rights of Persons. Washington: GPO. US Government Printing Office. Web. 22 Dec. 2013. <http://www.gpo.gov/fdsys/pkg/GPO-CONAN1992/pdf/GPO-CONAN-1992-10-6.pdf>. It is implied that the States needed to provide compensation for taking land. But because it is not clearly stated in the Constitution, the States were not subject to the just compensation provision of the Fifth Amendment and were able to be unrestrained by federal authority and overlook the need for just compensation "What is the Eminent Domain Clause?" Revolutionary War and Beyond. N.p., n.d. Web. 26 Nov. 2013. <http://www.revolutionary-war-and-beyond.com/eminent-domain-clause.html>. Throughout the American Revolution, the Americans were disgruntled with the Continental Army and the British government for seizing wartime goods and private property at whim from the people. These actions were warranted by a law in the British Magna Carta that allowed the government to take property and goods without supplying compensation. After the victory in the Revolution, James Madison recommended the Takings Clause, which was eventually included in the Fifth Amendment of the United States Constitution, to ensure that the rights of the property owner be upheld and just compensation be issued Younkain, Kara, Carlos Carrion, and Jack Lu. Case Study 3: Robert Moses-The Master Builder. N.p.: n.p., 2009. Nexus. Web. 23 Dec. 2013. <http://nexus.umn.edu/Courses/Cases/CE5212/F2009/CS3/cs3.pdf>. New York was mainly shaped by the infamous builder Robert Moses with his power to control most of New York City’s government officials, giving him the ability to enacted Eminent Domain, during his dominion between 1924 and 1968.