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November 28, 2008

Eminent domain cloud darkens Bay Ridge neighborhood

NY Daily News
by Jotham Sederstrom

The poster project for eminent domain abuse, Bruce Ratner's Atlantic Yards, finds its way into this story about a more nuanced dispute over best public use in another section of Brooklyn.

A plan to build a public school in Bay Ridge has drawn the ire of several Fourth Ave. property owners whose land could be seized under eminent domain, officials said. The move to clear land for the 480-seat school would mark the first time the School Construction Authority has had to resort to the controversial move of seizing private land for a government project.

"We're still in negotiations, but we also are prepared to initiate eminent domain proceedings so we don't lose time," said spokeswoman Margie Feinberg, who could not recall another instance of land seizure being used for a school project.

The possibility of eminent domain - which is typically used for projects that would benefit the public - has put plans for a grocery store and medical center on hold for the swath of Fourth Ave. between 88th and 89th Sts.

"There's no question that a school is a quintessential public use," said attorney Matthew Brinckerhoff, who has represented residents threatened by the use of eminent domain for the Atlantic Yards project in Prospect Heights.

"Having said that, as a matter of good policy, [the School Construction Authority] should target a spot that doesn't already have another public purpose in mind."

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Posted by eric at November 28, 2008 9:54 AM