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August 24, 2009
End eminent domain abuse: N.Y.'s highest court should rule against Bruce Ratner
NY Daily News
Op-Ed by Dana Berliner
Though the plaintiffs are asking the NY Court of Appeals to examine specific questions regarding whether the taking of property for Bruce Ratner's Atlantic Yards arena and highrise project satisfies the restrictions placed on eminent domain by the NY State Constitution, attorney Dana Berliner sees this case as an opportunity for the court to clearly state whether or not the US Supreme Court's ruling in Kelo v. New London passes muster in the Empire State:
In recent years, New York has earned the dubious distinction of being one of the nation's worst abusers of eminent domain. The Empire State Development Corp. (ESDC) and localities have approved condemnation of property for a huge range of wealthy private entities, including the New York Stock Exchange, Costco, Stop & Shop and Columbia University. The latest outrage is the effort by the Empire State Development Corp. to take homes and other private property for Bruce Ratner's Atlantic Yards stadium development.
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There may, however, finally be light at the end of a very dark tunnel. In October, the New York Court of Appeals, the state's highest court, will hear the legal challenge of Brooklyn residents and businesses looking to block the use of eminent domain to build Atlantic Yards.
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The fundamental legal question is whether the state should go along with the notorious 2005 decision by the U.S. Supreme Court in Kelo vs. City of New London. In that ruling, the court said that using eminent domain for potential job creation, increased taxes or general economic development does not violate the U.S. Constitution. In the firestorm of outrage that followed, 43 states changed their laws to make eminent domain for private development either more difficult or impossible.New York remains one of only seven that have not.
Posted by lumi at August 24, 2009 6:16 AM