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December 13, 2006
Salvo Fired in Atlantic Yards Eminent Domain Battle
The NY Sun
The state of New York has issued what lawyers call the legal maneuver required to begin condemnation of private property inside the footprint of the proposed Atlantic Yards project in Prospect Heights, Brooklyn.
In a letter dated December 8, the Empire State Development Corporation sent a letter to property owners inside the 22-acre project footprint stating that based on its findings, the state had determined it should exercise its power of condemnation to clear the way for developer Forest City Ratner’s $4.2 billion plan to construct an arena and 16 towers mainly for residential use.The letter stated the project footprint has been a “center of blight and decay,” and that “the Atlantic Yards Project will transform this blighted area into a vibrant, mixed use development.”
A well-known eminent domain lawyer isn't feeling great about property owner's chances:
A lawyer specializing in eminent domain, Michael Rikon, said last night the state’s letter represented the “opening salvo” and the “only salvo” in the state’s move to condemn. He said that under the existing laws, “It is virtually impossible in New York State to stop a condemnation.”
NoLandGrab: Rikon is right that a "judicial review of Determination of Findings" is not the way to stop an eminent domain condemnation in the State of NY, since NY State's definition of blight could potentially include most of NYC. That's why two separate law suits are probing other avenues for legal action, such as a constitutional challege and a technical challenge based on rent-stabilization laws.
Posted by lumi at December 13, 2006 8:57 AM