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January 30, 2010

Property Seizure for Atlantic Yards Is Delayed

New York Times
By Colin Moynihan

The state’s planned seizure of property in Brooklyn to make way for the $4.9 billion Atlantic Yards project was delayed on Friday when a judge declined to rule immediately on the state’s request for final approval.

After hours of argument at a condemnation hearing by lawyers for property owners attempting to halt eminent-domain seizure and by lawyers for the state entity, the Empire State Development Corporation, that seeks to condemn the land, the judge, Abraham G. Gerges of State Supreme Court, told the lawyers, “We’ll get back to you.” He said he would rule “expeditiously.”

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At the condemnation hearing, a lawyer for the property owners, Matthew D. Brinckerhoff, urged Justice Gerges to re-examine the project before granting the development corporation title to the properties, in the Prospect Heights neighborhood near Downtown Brooklyn.

“We are asking this court to be the only court thus far to allow us to raise issues that have transpired over the last three years,” he said. “The fact that they changed so much about this project has to be heard.”

Charles S. Webb III, a lawyer for the Empire State Development Corporation, responded by telling the judge that current plans by the developer, Forest City Ratner, were “virtually identical” to plans that the state approved in 2006. (Forest City Ratner was also the development partner of The New York Times Company in building its new Midtown headquarters.)

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NoLandGrab: Best comment from "Jamie" on this Times blog entry:

“Charles S. Webb III… responded by telling the judge that current plans… were “virtually identical” to plans that the state approved in 2006.”

Yes “virtually identical” if you mean “substantially different.”

Posted by steve at January 30, 2010 7:32 AM