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November 25, 2009
Statement by NYS Senator Velmanette Montgomery on Eminent Domain Ruling
Via Develop Don't Destroy Brooklyn
Today’s Court of Appeals decision is a defeat for every property owner in the great State of New York. In finding against the plaintiffs in this landmark case, where citizens bravely persevered in the face of a state agency determined to seize their land for a misbegotten private development—the Atlantic Yards—the Court of Appeals has refused to allow New York State to join the overwhelming number of States which have clarified their eminent domain requirements in the wake of the controversial Kelo decision. New York State will continue to enable the land grab dreams of private developers. Eminent domain will not be limited to a sane, common sense definition of “public benefit” and “public use;” schools, roads, hospitals; it will instead mean whatever serves the developer of the moment, including luxury housing and a sports facility.
I thank the Court of Appeals for their considered deliberations, but I mourn their decision, and I thank my constituents for bringing this suit and fighting for all of us. I share their disappointment, but also their determination that this abuse will continue to be challenged in the courts until sanity and justice are achieved. The fight against Atlantic Yards goes on!
Posted by eric at November 25, 2009 6:47 PM