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July 7, 2010
I’ll Take Manhattanville
Many states have clamped down on eminent domain. Recent court cases signal that New York won't be following their lead.
Architectural Record
by Stephen Zacks
Seizing another person’s land is a pretty strong-armed way of doing business. Property owners have often challenged eminent domain in courts, and lawmakers in many states have tried to limit its use. Recent decisions in New York show that the state won’t hesitate to apply the broadest interpretation of the law to make mega-developments happen.
On June 24, the New York Court of Appeals—the state’s highest court—ruled that the state could use eminent domain to acquire property for a Columbia University expansion in West Harlem. The decision overturned a rare December 3 rejection by a lower court. The landowners fighting to keep their property intend to appeal to the U.S. Supreme Court.
The decision comes seven months after another controversial eminent domain ruling: On November 24, the same Court of Appeals upheld the use of eminent domain for the $4.9 billion Atlantic Yards development in Brooklyn. The massive, mixed-use project is now under construction.
Stoking the Debate
These recent decisions have reignited a long-running debate over the uses of eminent domain. Should we be afraid of Beijing or Shanghai-style condemnations of property to promote urban redevelopment?
Posted by eric at July 7, 2010 10:19 AM