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May 28, 2009
EMINENT DOMAINIA: The Big Apple Bites!
The Washington Post, Sotomayor on the Issues
In an examination of the judicial record of U.S. Appeals Court Judge Sonia Sotomayor of New York, The Washington Post reports:
Sotomayor ruled with the majority that the Village of Port Chester violated a property owner's due process rights by failing to give adequate notice of his right to challenge the determination that his land should be used for a redevelopment project. Nevertheless, the panel supported the right of the government to take property for public use.
From the majority decision in the case of Brody v. Village of Port Chester:
"While a legislature may juggle many policy considerations in deciding whether to condemn private property, judicial review of the final legislative decision to exercise the power of eminent domain focuses exclusively on whether or not the taking is for a public use. In addition to the narrow scope of judicial review, a long line of Supreme Court cases have 'defined [the concept of public use] broadly, reflecting [the Court's] longstanding policy of deference to legislative judgments in this field.' The combination of those factors — the narrow scope of issues and the broad deference to the legislature — suggests that the role of the courts in enforcing the constitutional limitations on emin ent domain is one of patrolling the borders. That which falls within the boundaries of acceptability is not subject to review."
Iron Triangle Tracker, City to begin eminent domain process at Willets Point
The city will formally kick-off plans to seize control of the remaining privately-owned land at Willets Point this June, officials at the Economic Development Corp. said Wednesday.
The EDC said a public hearing on eminent domain will be held at Flushing Town Hall on June 22, a procedural first step in the legal process through which the city plans to take the remaining 22 acres of land at Willets Point.
Property owners at Willets Point said representatives from Cornerstone Realty Group, a firm hired by the city to assist in business relocation in the area, canvassed the Iron Triangle on Wednesday informing people that the city intended to begin eminent domain proceedings and a letter would arrive Thursday detailing the process.
“They said they’re going to send a letter,” said Marcos Neira, President of the Willets Point Defense Commitee. “They’re talking about eminent domain. Whoever is going to read this letter is going to be scared.”
Posted by lumi at May 28, 2009 6:21 AM