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March 5, 2006

Supreme power to seize land goes too far

Far from the Daily News' declaration of war on Prospect Heights of weeks past, today's OpEd leads a populist revolt against the undemocratic abuse of eminent domain:

Since the Supreme Court decided Kelo, politicians have been frantically trying to respond to voter outrage, introducing bills to "fix" the problem without gutting eminent domain. One proposal would compensate landowners with more than fair market value to soften the blow of having property stripped away. Bills like this one, however well-intentioned, do not address the root of the voters' rage.

Take, for instance, the proposed use of eminent domain in the Atlantic Yards development in Brooklyn. The decision to condemn properties, essentially, would be made by lame-duck Gov. Pataki through his control of the opaque and unelected Empire State Development Corp., which is allowed to condemn private land for "public use" in New York. That use can include the advancement of private interests that also further the government's economic development goals.

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Posted by amy at March 5, 2006 12:33 PM