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24 Loy. J. Pub. Int. L. 31 (2022-2023)
Ain't Dere No More: How Addressing Equity Gaps in Louisiana Property Law Can Mitigate the Gentrification of New Orleans

handle is hein.journals/loyjpubil24 and id is 210 raw text is: 

Loyola  Journal of Public Interest Law


     AIN'T  DERE NO MORE': HOW ADDRESSING EQUITY GAPS IN LOUISIANA
   PROPERTY LAW CAN MITIGATE THE GENTRIFICATION OF NEW ORLEANS

                                      Paige  Franckiewicz2

                                            Abstract
        Part I of this Comment   addresses  the unique  demographic   and  environmental factors
which  leave marginalized  New  Orleanians  at the behest of exploitative government takings and
subsequent  gentrification, with the construction of Interstate 10 in  Tremd  and  the downtown
medical  district in lower Mid-City serving as case studies. Part I also notes the effects of the city's
flooding  and  hurricane  vulnerabilities on  the  migration  of wealth  to higher  ground   and
displacement  of the Black and working-class populations  of the Irish Channel and Bywater. Part
II provides  an  in-depth analysis  of the Louisiana  property  law  provisions  relevant to this
Comment; that   is, Expropriation  and Obligations  of the Neighborhood.  Part  II also notes the
unique  Civil Law  legal tradition in Louisiana, and how   that system must function in order  to
protect populations most likely to suffer from rapid gentrification. Finally, Part III offers solutions
to close equity gaps by identifying specific provisions and clauses of the aforementioned statutes
that would benefit from expansion, amendment,  or revision. The goal of such proposals is to create
greater avenues  to judicial remedies when  property rights and or socioeconomic  conditions are
prejudiced  by exploitative, unjust, or gentrifying conditions surrounding the neighborhood.















1 The phrase Ain't Dere No More is attributed to a 2002 song of the same name written and performed by New
Orleanian music group Benny Grunch & The Bunch. Satirizing the slow demise of the New Orleans of yesteryear,
the term has evolved into a local colloquialism making light of erosion of the city's landmarks and character amidst
hurricanes, economic and political failure, and gentrification. See Angus Lind, Song satirist Benny Grunch thinks his
New  Orleans nostalgia is more relevant now than ever, NOLA.CoM (Sep. 29, 2005, 3:39 AM),
https://www.nola.com/entertaimnentlife/music/articlefedc5b3c-caO2-522c-afdc-3e lbee330343.html.
2 Paige Franckiewicz is a J.D. Candidate at Loyola University New Orleans College of Law, Class of 2023. Paige
would like to thank Cierra Chenier for sharing her experiences and helping to bring a human perspective to this
piece, as opposed to a merely academic one. Ms. Chenier's contributions and willingness to share her story are truly
the lifeblood of this piece. Paige would also like to thank Professor Robert Garda, the Editorial Board of the Journal
of Public Interest Law, and her classmates for their ongoing feedback. Finally, she would like to thank Professor
John Lovett, Professor Davida Finger, The Jane Place Neighborhood Sustainability Initiative, and the Greater New
Orleans Fair Housing Action Center for their dedication to seeking justice in this wonderful city through the lens of
property law and housing.


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