(141) Blighting, in other words, is driven not by objective urban conditions, but by the prospect of private investment.
Not surprisingly, this piecemeal and often inventive pattern of blighting has sparked legal challenges--especially from commercial interests displaced by redevelopment, forced to compete with new businesses in the redevelopment area or unsuccessful themselves in their bids for redevelopment contracts.
Although local officials have considerable discretion in "blighting," they nevertheless must make a credible case that a given redevelopment area is deserving of public subsidy or public attention.
(183) Nonetheless, in one New Jersey case, the redevelopment area reached twenty-three feet in the air at one point in order to reach a second parcel of land while blighting only the airspace between them.
Finally, blighting and redevelopment, especially under TIF statutes, is distorted by an intense local competition for tax revenues.