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October 12, 2009
The eminent domain battle Wednesday: an easy call for the Court of Appeals or a fresh look at blight, "public purpose," and relative benefits?
Atlantic Yards Report
Norman Oder offers a primer on the looming New York State Court of Appeals hearing on the use of eminent domain for Bruce Ratner's planned Atlantic Yards project, which will be argued Wednesday in Albany.
The case challenging eminent domain (Goldstein, et al. vs. New York State Urban Development Corporation d/b/a/ Empire State Development Corporation, or ESDC), to be heard Wednesday in the Court of Appeals in Albany may be the only case standing in the way of arena construction, even though other lawsuits challenging Atlantic Yards are expected.
(It should be webcast, beginning at 2 pm, with oral arguments to last about an hour.)
So stakes are high. Should the Court of Appeals rely on a line of cases that have expanded the notion of "public use" to "public purpose," and which have expanded the understanding of blight from clearing slums to removal of "stagnation," it will uphold the dismissal of the case, concluding that the state constitution offers no tighter protections than does the federal one.
Should the court, however, look more expansively and closely at the case, it could raise serious questions. Consider that blight was presented as justification for eminent domain well after Atlantic Yards was announced and the menu of promised public benefits has shifted and arguably diminished, according to evidence that emerged after the project was initially passed in December 2006, a record the ESDC wants very much to exclude.
The court could also avoid both lines of inquiry by ruling more narrowly, saying the case was filed too late and/or presents no new constitutional questions.
Posted by eric at October 12, 2009 9:31 AM