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July 23, 2008
Zero Hour in West Harlem
Last big landowner in Columbia’s way braces for Supreme Court fight as state dangles eminent domain
NY Observer
by Eliot Brown
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An in-depth look at West Harlem property owner Nick Sprayregen's legal battle to save his property from eminent domain seizure for the benefit of Columbia University offers an update on Bruce Ratner's legal bills.
NEW YORK'S LAWS on eminent domain are viewed as rather favorable to the state when compared with other laws nationwide, making the climb for Mr. Sprayregen a distinctly uphill one.
Landowners in other eminent domain cases often hope that a prolonged legal battle will derail a project through a changing political landscape or economic climate. But Columbia’s plan seems prone to more stability than a typical private developer’s. The university has a multibillion dollar endowment; already owns the bulk of the land in the footprint; and has always said the expansion is a long-term proposition, and thus a two-year fight through the court system—landowners in Brooklyn have been challenging eminent domain in the Atlantic Yards project for more than a year and a half—does not seem likely to spoil the university’s plans.
Such a fight can be expensive for both sides. For Atlantic Yards, an Empire State Development Corporation spokesman said the state has spent more than $8 million on legal fees, which apply to litigation and other expenses (the state’s fees are reimbursed by developer Forest City Ratner, and Columbia University will reimburse the state for fees related to eminent domain).
Mr. Sprayregen, who estimated he has spent about $1 million so far in legal expenses and other fees, said he was prepared to commit a substantial sum to continue the fight.
“I think if we’re able to take it all the way to the Supreme Court, it will cost another $2 million,” he said. “Obviously, we now have a real legal fight on our hands.”
NoLandGrab: The Battle of West Harlem may have led to the coining of a new term: "University Blight."
Posted by eric at July 23, 2008 10:30 AM