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April 6, 2011

AY eminent domain decision "among the worst I've ever seen," says law prof; former NJ Public Advocate says NY court abdicated role in policing blight

This is Part 2 of a three-part series (Part 1) on Fordham Law School's eminent domain symposium in February.

Appellate Division Justice James Catterson was not the only person at a symposium February 11 to slam the New York Court of Appeals' decision in the Columbia (Kaur) and predecessor Atlantic Yards (Goldstein) cases.

So too did several academics, including some longstanding critics of eminent domain and others who, while recognizing the importance of the tool, agree that jurisprudence in New York has gotten out of hand. They spoke at Taking New York: The Opportunities, Challenges, and Dangers Posed by the Use of Eminent Domain in New York, a symposium at Fordham Law School.

In other words, instead of "junk lawsuits" and "frivolous litigation," as then-Daily News columnist Errol Louis dismissed Atlantic Yards legal filings, or "contrived lawsuits," in the words of academic Bruce Berg, maybe we should be talking about "junk judicial decisions."

After all, the former Public Advocate in New Jersey--a self-described "ACLU civil liberties lawyer"--declared that "the New York Court of Appeals basically abdicated any meaningful role for the judiciary in determining whether a blight designation even passed the laugh test."

And, though the court has indicated that the legislature should step in, panelists expressed little hope that the notoriously dysfunctional New York legislature would act to reform eminent domain laws.

In other words, even though the U.S. Supreme Court wouldn't hear the appeal in the case challenging the condemnation for the Columbia University expansion, a good number of legal experts agree that New York is an outlier.

Need to get your blood boiling? Read on.

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Posted by eric at April 6, 2011 11:14 AM