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August 3, 2006
News Analysis: With Friendly Condemnations Like These...
Brooklyn Downtown Star
By Norman Oder
An article about eminent domain in the footprint of Ratner's Atlantic Yards covers the Empire State Development Corporation's decision to use friendly :) condemnation, and how friendly :) condemnations can be used to evict rent stablized tenants.
Locker acknowledged that the law was not settled. "To my knowledge, there is no reported case where eminent domain was used to remove rent-stabilized tenants when the developer was also the landlord," he said. "There are examples when eminent domain is used to pull out rent-stabilized or rent-controlled tenants from a landlord who's not the beneficiary of the condemnations."
While there is a process by which tenants in a rent-stabilized building can be moved if the building is demolished to construct another building, Locker said that the use of eminent domain would be faster for the owner, and incur fewer obligations.
What do the ESDC and FCR think of Locker's contention? It's hard to say, because neither returned our detailed requests for comment.
Posted by lumi at August 3, 2006 8:44 AM