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November 25, 2009
Atlantic Yards ruling: A blow to Sprayregen?
The Columbia Spectator
By Maggie Astor
NY City is rife with eminent domain abuse. Yesterday's NY State high court eminent domain ruling has implications for other cases, including Columbia University's neighborhood-devouring expansion plan, for which, though it is a "City" project, the State has been brought in to do the dirty deed of condemning private property from owners who refuse to be coerced into selling.
From a legal standpoint, it is substantially similar to the Manhattanville issue, with opponents making many of the same arguments to challenge the legitimacy of eminent domain. Opponents of the Manhattanville project claim it does not constitute “public use” as required under eminent domain law, because Columbia is a private institution; they also dispute the state’s designation of the area as “blighted”—in a condition of economic disrepair beyond the potential for relief by natural market forces—which is another requirement for the invocation of eminent domain. Similarly, opponents of the Atlantic Yards project point to the fact that Ratner is a private developer and question the state’s determination of blight. Columbia officials and Ratner counter that while they are private developers, the projects will provide substantial public benefits.
NoLandGrab: The West Harlem case has a leg up on the Brooklyn case, because the plaintiffs have had access to some documents that may back up their view that the project was not motivated by public use. However, the high court in the Brooklyn case ignored many of the petitioners' finer points, which may undermine any legal efforts by NY property owners trying to hold on to their homes and businesses.
Posted by lumi at November 25, 2009 5:29 AM