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February 8, 2010
Perkins introduces bill to reform eminent domain by redefining blight; had provisions been enacted earlier, AY would have been blocked
Atlantic Yards Report
As previewed (Gotham Gazette, New York Times), State Senator Bill Perkins has introduced a sweeping bill (S. 6971) to redefine eminent domain by redefining blight--currently subsumed under the amorphous terms "substandard and insanitary."
Thus environmental consultants like AKRF inevitably find blight when so requested by agencies like the Empire State Development Corporation (ESDC).
The bill, which likely will gain both supporters and critics, is clearly a response to the efforts to use eminent domain in the cases of Atlantic Yards, Columbia University, and Willets Point. The bill's provisions aren't retroactive, but if they were, they almost certainly would've have precluded the use of eminent domain for the AY site.
New York is one of few states--perhaps seven--that failed to enact any reforms regarding eminent domain after the Supreme Court's controversial 2005 Kelo v. New London decision, and the libertarian Institute for Justice, which brought the Kelo case, considers New York "one of the worst" states in the country when it comes to eminent domain abuse.
Underutilization
Notably, the bill eliminates the opportunity for condemning authorities like the ESDC to cite underutilization--as it did in the Atlantic Yards and Columbia cases--as an indicia of blight.
Given that AKRF deemed properties occupying less than 60% of allowable development rights (Floor Area Ratio, or FAR) as blighted, that could potentially doom broad swaths of the city.
Posted by eric at February 8, 2010 10:29 AM