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October 15, 2009
Court Weighing Eminent Domain
New York Case Pits State Against Land Owners Opposing a New NBA Arena
The Wall Street Journal
by Suzanne Sataline
This story appeared in yesterday's print edition and in the online version of The Journal.
New York's highest court is set to hear arguments Wednesday in a case that will decide whether the state government can lawfully seize private property for a development company.
The case pits the New York State Urban Development Corp., a government agency, against nearly a dozen land owners who say the state constitution bars the government from stripping the rights of private parties to benefit a developer that aims to build a new arena for the New Jersey Nets basketball team. The developer, Forest City Ratner Cos., is currently one of the owners of the Nets.
"The state is taking my home and other people's homes, not for the public use, but to give an extraordinary benefit to the developer," said the lead petitioner, Daniel Goldstein, one of the few remaining residents within the 22-acre site slated to be demolished. "It's not a public use. For the government to take my home to enrich any developer...is wrong and I believe is illegal."
Posted by eric at October 15, 2009 1:14 PM