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Studies in Legal History
Public Property and Private Power: The Corporation of the City of New York in American Law, 1730–1870
Book by Hartog, Hendrik
274 pages, Paperback
First published October 1, 1983
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October 17, 2024
Traces the long and fascinating road to Dillon's Rule in municipal law.
Hartog contradicts Jon Teaford's contention that the main object of 18th century cities was commercial regulation. He shows that almost all colonial cities were preminently concerned with managing their property rights just like business corporations, but that they used these property rights(most importantly, waterlot grants) to implement a kind of rough planning on the inchoate city. These franchises and properties were also the only way the city had to raise money. The Revolution, however, forced New York to raise funds by taxing and spending, and the need for legislative grants for these powers caused it to become progressively more ensnared with what was then a compliant legislature. By the 1830s, judges began treating the once inviable charter as if it was subject to legislative whim, assuming that the city agreed with all changes. Soon the legislature and conservative justices used this assumption to control a city that often seemed to be dangerously radical.
An amazing book with great research, it is, however, also repetitive and the logic can be tortuous.
Hartog contradicts Jon Teaford's contention that the main object of 18th century cities was commercial regulation. He shows that almost all colonial cities were preminently concerned with managing their property rights just like business corporations, but that they used these property rights(most importantly, waterlot grants) to implement a kind of rough planning on the inchoate city. These franchises and properties were also the only way the city had to raise money. The Revolution, however, forced New York to raise funds by taxing and spending, and the need for legislative grants for these powers caused it to become progressively more ensnared with what was then a compliant legislature. By the 1830s, judges began treating the once inviable charter as if it was subject to legislative whim, assuming that the city agreed with all changes. Soon the legislature and conservative justices used this assumption to control a city that often seemed to be dangerously radical.
An amazing book with great research, it is, however, also repetitive and the logic can be tortuous.
Displaying 1 of 1 review