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February 11, 2007
Atlantic Yards Lawsuit Challenges Kelo Exception
Multi-Housing News
By Daniel Goldstein
A rubberstamp approval from Albany was no surprise to opponents or supporters of the project. It has been clear that any semblance of public review would be pro forma with a predetermined conclusion, as the political fix had been in from even before the project was unveiled in December 2003.Never mind the kabuki theater of the political review of the project. In the end, rubberstampers will not decide the fate of Atlantic Yards. The fate of the massive project will be determined in federal court. And that is exactly where the project is now.
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Those who are only slightly familiar with the Kelo case may wonder what the plaintiffs' argument is if the Supreme Court ruled as it did. Implicit in the majority decision and explicit in the concurring majority opinion written by Justice Kennedy was a description of what would be an illegal taking. The court made clear that the process matters when eminent is used to seize properties, as does the intent of those takings.Kennedy wrote that when the beneficiary of the taking--in this case, Forest City Ratner--is known before the taking, that would be a characteristic of an illegal taking. Completely contrary to the analysis by the New London City Council, which led to its decision to redevelop a section of the city by condemning properties and then putting them out for bid with an RFP, for Atlantic Yards, there never was an RFP and the project was driven entirely by the developer.
Posted by amy at February 11, 2007 1:30 PM