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August 8, 2009

Desperate? Even before state files legal response, Daily News editorial attacks eminent domain case, ignores issues of blight and relative benefit

Atlantic Yards Report

Norman Oder fires back at today's Daily News editorial as only he can.

Either Forest City Ratner and/or the Empire State Development Corporation (ESDC) are extremely anxious about the pending appeal in the Atlantic Yards eminent domain case, or the New York Daily News just gets anxious on its own.

How else to explain a Daily News editorial today attacking the arguments recently filed in the Court of Appeals by the nine plaintiffs. The case will be heard October 14 and the defendant ESDC has yet to file response papers.

Surely a more cogent and comprehensive editorial could be written after the ESDC files its brief and, most likely, the city of New York and other parties concerned about not curtailing the use of eminent domain file their amici curiae ("friends of the court") briefs.

Most notably, the error-riddled editorial frontally attacks the argument that eminent domain in New York State should be limited to true public use--not "public purpose," as federal Supreme Court doctrine has evolved.

But it does not address the less sweeping argument that condemnors must make an effort to assess to relative benefit to the public and to the project proponent. After all, as the plaintiffs' brief explains, the promised public benefits are radically diminished.

Also, the editorial simply claims that the AY footprint consists of 22 blighted acres, while disregarding arguments in the appeal that a good chunk of the footprint is not blighted, and that the state evaded its responsibility, as stated in the contract for the consultant conducting the Blight Study, to analyze sales and rental trends in the area.

You are urged to click on the link to continue reading about all the lies, half-truths, and even typos ("emiment domain").

link

Posted by steve at August 8, 2009 9:18 AM