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March 24, 2006
Watching the Takers
The NY Sun, Editorial
The Sun explains how the "collaborative" relationship between Atlantic Yards developer Forest City Ratner and the state agency, The Empire State Development Corporation (ESDC), affects the use of eminent domain:
During arguments before Judge Edmead, lawyers for both the ESDC and Forest City Ratner argued that Mr. Paget could not have a conflict of interest in working for both because the two had a "collaborative" relationship. In other words, the state and the developer were starting from the premise that they are on the same "side" of this issue.
The ESDC also happens to be the agency responsible for invoking eminent domain when developers want to oust property owners for the sake of building shopping malls or factories or, in this case, a sports arena, commercial center, and residential complex. The environmental review process on which ESDC and Forest City Ratner purport to be "collaborating" will affect future eminent domain proceedings on the project site because the people conducting such a review have broad scope under New York law to find the kind of vaguely defined "blight" that would allow the state to seize property from a group of owners who have vowed to fight the project.
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Regardless of the outcome of this appeal, New Yorkers have good reason to look at this case and ask, who's looking out for us?
Posted by lumi at March 24, 2006 7:48 AM