Atlantic Yards Court Case Begins Wednesday

Oral arguments in Goldstein v. New York State Urban Development Corporation, the case regarding use of eminent domain for the Atlantic Yards development, will begin tomorrow in the state's Court of Appeals, and The Wall Street Journal brings us a nice summary of some of the legal background—namely the federal case in 2005, Kelo v. City of New London, that paved the way for a much broader interpretation of public benefit to justify the condemnation of lands. The WSJ certainly chooses a side in the matter, saying that private beneficiaries like Costco, Ikea, Stop and Shop, The New York Times, and the New York Stock Exchange have all benefited from the condemnation of "small businesses, homes, and church property." The article adds: "In eminent domain cases, the political class typically uses its power to help the strongest private interests against the weakest ... Other states, like New Jersey, have seen stricter standards for eminent domain actions implemented through the courts. But New York is a draconian holdout. The Brooklyn case offers the courts a chance to tell the political class and its developer friends that they can't trample over private property rights."
A Property Rights Foul [WSJ]
Image by Howard Ohlhous

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And if anyone would like to weigh in on what a "great decision" Kelo was, they should note that right now the area taken over is now a big, empty nothing. Urban blight at its finest.

Posted by: bxgrl at October 13, 2009 10:36 AM

its not a big nothing. The Eminent domain part is NOT the empty yards that is owned by the State. The big nothing is the homes along Pacific street south. It was made up of many buildings that were fully occupied. This is the same nonsense the developer says. The area of ED is not blighted at all.

It also includes the Building Ratner owns where PC Richards is. Why? so he can avoid NY City zoning rules.

Kelo was something totally different. New London is blighted and the local city council voted for the development. If the NY City Council would have been allowed to vote this would have been much better.

Posted by: smeyer418 at October 13, 2009 12:24 PM

Danny's gonna get run over by a Mack truck (figuratively of course).

Gangsta's make the world go 'round.

***Bill Thompson for Mayor***

Posted by: Brownstones Half Off at October 13, 2009 12:24 PM

The Wall Street Journal today has an editorial against the ED in Atlantic Yards don't be so sure about the result.

http://online.wsj.com/article/SB10001424052748703298004574459132540665594.html#articleTabs%3Darticle

Posted by: smeyer418 at October 13, 2009 12:28 PM

ok, not blight, but just bloody f*ckin awful and pointless!
dirty, ugly, scary and little to attract anyone to the area.

seriously!

let's get our stadium.

Posted by: wine lover at October 13, 2009 12:36 PM

You know I am not anti the stadium/arena. ratner could have built it already. He owns all the Land north of Atlantic Ave and Yards. He just wanted it built his was or the highway. There are many configurations that would have not used ED at all. Most of the land he was able to buy. The issue is the forced selling of someone's property for the benefit of another private person. No one disputes the right for a public project like a road, a school or a police station, even a public housing project. Most of the ED was used so Ratner can build a commercial building having nothing to with the Arena(its not a stadium) lets go Nyets...

Posted by: smeyer418 at October 13, 2009 12:51 PM

Let's build the stadium by the BQE, in Williamsburg so you can walk to it.

Posted by: Maly at October 13, 2009 12:52 PM

And another lawsuit has just been filed against the MTA for screwing all of us with increased fares and reduced service while giving Ratner a beyond-bargain price (that he doesn't even have to pay in full for 10 years or so): http://bk.ly/MQ

Notable is the elcted officials who have joined this lawsuit: State Senator Velmanette Montgomery (18th District), Assemblymember Jim Brennan (44th District), Assemblymember Joan Millman (52nd District), and NY City Councilmember Letitia James (35th District), along with NYPIRG/Straphangers Campaign and Develop Don’t Destroy Brooklyn. The case was filed in State Supreme Court in Manhattan.

The 5th annual walk-a-thon is this Saturday, with a pre-walk party at Freddy's on Friday and a post-walk one at Habana Outpost after the walk on Saturday. If you can't contribute financially, come out and cheer us on along the route.

This new lawsuit is proof that, regardless of the ed lawsuit outcome, this fight is far from over.

Posted by: babs at October 13, 2009 1:23 PM

smeyer418- I was referring to what happened in Kelo after they won the case and destroyed the neighborhood.

Posted by: bxgrl at October 13, 2009 3:38 PM

No space has yet been taken over in Brooklyn by ED. Not one square inch.

and if you ever have been to the area in New London you would know it much is better after Kelo.

Posted by: smeyer418 at October 13, 2009 3:45 PM

not according to the article I read, or to the displaced residents who were forced out.

Posted by: bxgrl at October 13, 2009 5:27 PM

i am fine with limited use of eminent domain so long as "reasonable compensation" gives property owners fair value. Many of the problems relating to AY arose from years of delay due to litigation.

I have posted this before, but the city should use eminent domain for coney island. By using ED instead of rezoning to give Thor a windfall, the city can redevelop Coney Island in a way that modernizes and preserves it.

Posted by: slick at October 13, 2009 5:30 PM

I wonder why they don't do that?

Posted by: bxgrl at October 13, 2009 5:39 PM

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October 13, 2009

Atlantic Yards Court Case Begins Wednesday

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