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December 9, 2009
Pol says Columbia case should halt Atlantic Yards
The Brooklyn Blog [NY Post]
by Rich Calder
Is this the last hope for Atlantic Yards opponents?
State Sen. Bill Perkins (D-Manhattan) is asking Gov. Paterson not to appeal a recent court ruling blocking the use of eminent domain for Columbia University’s expansion and to order "a statewide moratorium" on the use of the controversial land-grabbing procedure.
Such a move would obviously affect developer Bruce Ratner’s Atlantic Yards project in Brooklyn, which the Paterson-controlled Empire State Development Corp. is expected to begin seizing private land for through eminent domain in the coming weeks.
But the ESDC isn’t caving in. A spokeswoman said the ESDC plans to appeal the Columbia ruling, which it believes "doesn’t impact" Atlantic Yards.
Additional coverage...
Atlantic Yards Report, Perkins asks Paterson for moratorium on eminent domain, not to appeal Columbia case
State Senator Bill Perkins, who represents West Harlem and in September 2008 held a hearing on reform of emiment domain, has asked Governor David Paterson "to forego an appeal" of the Appellate Division decision blocking the use of eminent domain for the Columbia University expansion, "and to order a statewide moratorium on the use of eminent domain within the State of New York pending legislative action."
That would include eminent domain for the Atlantic Yards project.
...It would be more difficult for Paterson to reverse course on Atlantic Yards; for example, the MTA, which he controls, argues that the Atlantic Yards deal was too far along to consider seeking another bidder for the Vanderbilt Yard.
Perkins' letter draws significantly on the decision in the Columbia case, known in shorthand as Kaur. It says little about the Court of Appeals' decision in the Atlantic Yards case, but does make a fundamental point: For one, no one knows what 'blight' is—the crucial and fundamental issue in both the Columbia and Atlantic Yards cases.
NY Observer, Perkins to Paterson: Don’t Appeal Columbia Decision, Reform Eminent Domain
In a letter to the governor dated Tuesday, Mr. Perkins called for "a statewide moratorium on the use of eminent domain," and said he was preparing "a bill to reform how eminent domain is exercised."
He also tries to invoke the issue on a more personal level with the governor, bringing up a 2005 rally the two of them attended, protesting the use of eminent domain:
You may recall that back in 2005 you and I stood on the steps of City Hall together with several members of the City Council to protest the United States Supreme Court decision in Kelo v. City of New London which affirmed the use of eminent domain for private development that entails a so-called "public use." That decision contained language encouraging states to review their own eminent domain statutes. Some states have done just that. It is now New York's turn.
Mr. Perkins has established himself as one of few loud voices in the Legislature to protest eminent domain.
Posted by eric at December 9, 2009 8:38 PM