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January 7, 2010
Noticing New York Testimony at Senator Perkins’ Hearing on New York State Patterns of Eminent Domain Abuse
Noticing New York
Michael D.D. White publishes the testimony he delivered yesterday at the eminent domain hearing held by State Senator Bill Perkins, and relates Perkins's opening remarks:
Here is some of what [Perkins] said in his opening statement to the effect that something is seriously amiss in this state when it comes to the conduct of our public officials:
The Appellate Division’s Kaur decision only affirms the need for reform. The decision noted a pattern of bad faith.
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In fact, conservative columnist George Will recently published an article titled, “Avaricious Developers and Governments Twist the Meaning of "Blight.”. In it he addressed what he called the, “life-shattering power of eminent domain.” He talked about ESDC.s actions in this case and also in the Atlantic Yards case. He concluded that these are examples of “pre-textual takings” where government uses “trumped-up accusations of blight to concoct a spurious “public use. for a preconceived project.” In fact, the Kaur decision notes that the property in question was not considered blighted until Columbia decided it wanted to own it. As Mr. Will puts it, “liberty is under assault…this time by overbearing American governments.”
I could not have put it better myself. When you get someone who skews to the left as much I do, an upstate Republican like Senator Alesi, and a conservative icon like George Will to agree on public policy…you have certainly created strange bedfellows. Clearly, something is amiss. Property rights are not safe. If you own property in an area targeted by the government and you do not want to sell, you are now a hostage. You are being mugged. It’s like you have no future. It makes no sense to improve your property. You can’t sell it on the open market. It’s hard to find tenants. Everybody, including you, knows that your property is marked for destruction. That is a problem.
Posted by eric at January 7, 2010 12:04 AM