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December 21, 2008

As Columbia plan gets approved, a fight over blight and eminent domain emerges

Atlantic Yards Report looks at the Columbia plan's approval, and an article in the Weekly Standard by Jonathan V. Last:

Last thinks, as did AY opponents in their case, that the Supreme Court's Kelo v. New London case may have an impact on the Columbia case. No, Sprayregen won't be able to establish that the ESDC was engaged in “impermissible favoritism” toward Columbia, given that such a designation is much more likely in a trial court. (That's why the Develop Don't Destroy Brooklyn-organized lawsuit was first filed in federal court.)

Last thinks Sprayregen can argue that Columbia’s plan, unlike that endorsed in Kelo, is not “comprehensive” because Columbia has not made firm plans for the site. I'm not so sure; I suspect that the state will argue that the framework, at least, is comprehensive, and courts will defer to that.

And while courts have readily agreed to included non-blighted property to create contiguous sites, writes Last:
the Court has not been confronted with a case in which the neighborhood blight was directly caused by the party seeking the benefit of eminent domain.

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Posted by amy at December 21, 2008 11:10 AM