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August 16, 2008
The Blogosphere Follows the Atlantic Yards State Eminent Domain Case
Law of the Land
Atlantic Yards Litigation Moves to State Court
The most interesting aspect of the petition is the allegation that the condemnation may violate Article 18, sec. 6 of the State Constitution regarding the low-income and current resident requirement. Specifically this Article provides:
No loan, or subsidy shall be made by the state to aid any project unless such project is in conformity with a plan or undertaking for the clearance, replanning and reconstruction or rehabilitation of a sub-standard and unsanitary area or areas and for recreational and other facilities incidental or appurtenant thereto. The legislature may provide additional conditions to the making of such loans or subsidies consistent with the purposes of this article. The occupancy of any such project shall be restricted to persons of low income as defined by law and preference shall be given to persons who live or shall have lived in such area or areas.
Develop Don't Destroy Brooklyn
A Closer Look at Atlantic Yards Eminent Domain Case
The Brooklyn Paper hones in on one of the claims in the state eminent domain case filed by 9 property owners and tenants on August 1st. (Note: the lawsuit was filed to keep New York State from seizing the homes and businesses of owners and tenants in the Atlantic Yards footprint.)
The Real Deal
Lawsuit: AY violates state constitution
The latest lawsuit to stop the Atlantic Yards project calls on a little-known and never-tested provision of the state constitution. The provision prevents an urban renewal project from receiving public subsidies if the project's occupancy is not restricted to persons of low-income. Forest City Ratner's development is supposed to receive hundreds of millions of dollars in public subsidies and tax breaks, even though the proposed development includes thousands of market-rate housing units.
Posted by steve at August 16, 2008 9:19 AM