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June 11, 2007

Eminent Domain Ruling On Atlantic Yards

wakeupcall.gif Wake Up Call, WBAI (99.5FM)

Depa Fernandez interviews Candace Carponter, head of Develop Don't Destroy Brooklyn's legal committee:

CARPONTER: We will pursue whatever remedies we may have first here in the appellate court and, if necessary, in state court to challenge what we believe is an abuse of eminent domain.

FERNANDEZ: What are the implications of this more broadly, the loss of property rights in general?

CAPONTER: It's terribly alarming for the following reason... the Supreme Court in Kelo v. the City of New London about two years ago ruled that land could be taken by private owners for economic development, but only under certain specific situations, including the fact that it was government driven, that there was a comprehensive plan, that there was no individual developer in mind at the beginning of the process, and even though Judge Garaufis articulated these exact requirements that came out of Kelo, he then went on to only consider the fact that the area, he believes, was more than 50% blighted.

Listen online/mp3 (41 min, 22 sec — 46 min, 46 sec)

Posted by lumi at June 11, 2007 11:09 AM