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August 29, 2006
EMINENT DOMAINIA: Bruce is addicted to eminent domain and his flagship tenant ironically cries foul over Florida condemnation
ShakinDave, Does This Look Like Blight?
The pictures above show Brooklyn's Prospect Heights neighborhood near the intersection of Atlantic and Flatbush avenues. The area contains homes, a neighborhood bar, a sporting goods store, a union hall, a self-storage warehouse, an electronics outlet, a pair of gas stations, and a Guyanese restaurant.
Developer Bruce Ratner wants to replace all of these with a cluster of high-rise homes and offices, and an arena to house the New Jersey Nets, the professional basketball team he bought two years ago for $300 million.
Eminent Domain Blog, Eminent Domain Decision: Appellate panel affirms Judge Costello in Twp. of Bloomfield v. 110 Washington Street
The NJ courts stopped the Township of Bloomfield from condemning property for Bruce Ratner (again). This is just the latest round in the legal fight by local merchants and businessmen to maintain the right to develop their own properties. It also makes one wonder, when does Bruce Ratner NOT use eminent domain?
Palm Beach Post, Target, state road agency tussle over eminent domain
Here's an odd case, in which retail giant Target claims that turn-about is foul play:
At issue is how much Tallahassee owes the retailer in business damages now that it has used eminent domain to force the sale of three Target-owned parcels at State Road 7 and Southern Boulevard in Royal Palm Beach.
First, most of the state road-building agency's eminent domain actions never make it to court, much less appellate court.
Second, it turns the tables on Target. Along with such businesses as Wal-Mart Stores Inc. and CVS Corp. pharmacies, Target has benefited when cities or counties hungry for new business seize land through eminent domain and then make it available to the retailers.
"Target is not the first big-box store that, after having taken advantage of eminent domain, finds itself on the receiving end," said Dana Berliner, senior attorney for the Institute for Justice. The Washington think tank supports curbs on eminent domain.
The retailer's strategy has backfired occasionally. U.S. District Judge Charles A. Shaw rebuked Target in 2003 for strong-arm tactics involved in trying to get St. Louis to condemn a store site.
Posted by lumi at August 29, 2006 8:14 AM