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May 3, 2010
Precedent uncertain for eminent domain lawsuit
The Court of Appeals will soon re-examine whether the state can, on Columbia’s behalf, seize private property for the “public good” in exchange for market-rate compensation.
Columbia Spectator
by Maggie Astor
Columbia’s Manhattanville expansion plan seemed to be approaching the finish line, but last December, the New York State Supreme Court, Appellate Division threw a wrench in the plans, deeming the use of eminent domain for the project illegal.
On June 1, the Court of Appeals—the highest court in New York—will re-examine whether the state can, on Columbia’s behalf, seize private property for the “public good” in exchange for market-rate compensation. The fate of eminent domain could determine the fate of the expansion.
Many players hoping to predict the outcome have turned to the November 2009 Goldstein v. New York State Urban Development Corporation case, in which the Court of Appeals upheld the use of eminent domain for the Atlantic Yards commercial development in Brooklyn.
To some, the link seems clear: If the Court of Appeals forbade eminent domain in Manhattanville, they argue, it would violate its own precedent. But the plaintiffs here say the legal issues and the projects on the whole are very different.
NoLandGrab: Alternatively, the Court of Appeals could come to their senses, admit they totally f*cked up, and actually protect New York State's citizens from the abuses of government.
Posted by eric at May 3, 2010 9:45 AM