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June 25, 2010
The Absurdity of Eminent Domain in New York
Develop Don't Destroy Brooklyn
From the NY Law Journal:
...Judge Robert S. Smith said he agreed with all of the Court's ruling except the part explicitly extending eminent domain consideration to most, if not all, educational and recreational projects.
"Surely this approach will, in some imaginable cases, cause the statute to be unconstitutional as applied: would anyone seriously suggest, for example, that private tennis camps or karate schools ('educational' uses), or private casinos or adult video stores ('recreational' uses), qualify as 'public' uses in the constitutional sense?" Judge Smith wrote in a brief concurring opinion.
Given the Court's ruling today, yes many would seriously suggest this...those many just happen to be powerful government officials and their developer friends. The State's attorney in the Columbia case basically said such uses would be proper.
And this is the road of absurdism the Court has laid out for New Yorkers.
Posted by eric at June 25, 2010 9:50 AM