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July 13, 2007

EMINENT DOMAINIA

EminentDomainia20.jpg Capitol Confidential, Sides Of Chuck

The political blog of The Albany Times Union mentions Senator Charles Schumer's cognitive dissonance on eminent domain.

NoLandGrab: Schumer likes eminent domain for Atlantic Yards, wants to use more of it for New York City in general, and is against it for the New York State Regional Interconnect powerline project.

Loge 13, Squaring Off In The Iron Triangle

Meanwhile in the Willets Point land grab:

At the end of June, it was leaked that The New York City Economic Development Corporation published a formal request for "on-call" condemnation attorneys to aid with the development of Willets Point.

This means the EDC is asking lawyers to research property valuation and eminent domain litigation in advance of claiming eminent domain on the 250 businesses in the Iron Triangle.

The Real Estate Observer, Columbia Renounces (Some) Eminent Domain

Columbia University announced today that it will not seek to take over people’s homes through eminent domain, a huge step in addressing one of the most controversial aspects of its expansion into West Harlem.

This protects tenants and homeowners and splits the coalition against the business owners, who are still under threat of condemnation.

Duffield St. Underground, Your EDC at Work: Destroying Parking to Build Apartments, Destroying Homes to Build Parking

The EDC’s Downtown Redevelopment plan was supposed to encourage commercial construction, and instead we are ending up with new apartments. Many of these apartments were built on the several parking on Schermerhorn. Streetblog covers this quite well in “T.O.D. in Brooklyn: Turning Parking Lots into Housing.” The Brooklyn Paper also report on the new construction in “Schermerhorn rising” (June 23, 2007).

Yet while the EDC’s plan encouraged the destruction of parking lots to build homes on Schermerhorn, just two blocks to the north, it is advocating the destruction on homes to build parking lots.

Asbury Park Press, Belmar bakery not "blighted"
New Jersey is way ahead of NY State on eminent domain reform:

Last summer, Superior Court Judge Lawrence M. Lawson, assignment judge in Monmouth County, dismissed two lawsuits against Belmar filed by business owners who disagree with the borough that their commercial properties are blighted and in need of redevelopment.
...
But the higher court reversed Lawson's decision with respect to Freedman's. The Belmar Mall case is being heard by another appellate court.

"Freedman's Bakery is not a blighted area even if its design is not optimal for its commercial purposes," the court ruled in a 10-page unanimous decision issued by Appellate Judges Ariel Rodriguez, Donald G. Collester Jr. and Thomas N. Lyons.

Posted by lumi at July 13, 2007 9:06 AM