BREAKING: Goldstein et al Lose Eminent Domain Lawsuit
The New York State Court of Appeals has just ruled in favor of the ESDC in the closely-watched eminent domain lawsuit brought by property owners in the footprint of its proposed Atlantic Yards project. According to Atlantic Yards Report, “In a decision (PDF) that gives the crucial–but perhaps not final–boost to the Atlantic Yards project,…
The New York State Court of Appeals has just ruled in favor of the ESDC in the closely-watched eminent domain lawsuit brought by property owners in the footprint of its proposed Atlantic Yards project. According to Atlantic Yards Report, “In a decision (PDF) that gives the crucial–but perhaps not final–boost to the Atlantic Yards project, the state’s highest court, the Court of Appeals, approved the use of eminent domain by a 6-1 margin, saying that it’s not the role of the courts to intervene in agency decisions, given the wide latitude in state law.” The ruling means that Ratner may proceed with the sale of tax-exempt bonds to finance the sports arena that is scheduled to be the first stage of the gigantic development. The construction of both affordable and market-rate housing is supposed to begin with months of the arena, but as The New York Times points out this morning, “with so many new apartments sitting vacant, analysts say it could be many years before demand will justify building so many units in one neighborhood.”
Atlantic Yards Project in Brooklyn Clears Legal Hurdle [NY Times]
Court of Appeals upholds AY eminent domain 6-1 [AY Report]
Photo by Tracy Collins
“state being able to condemn perfectly good property”
I’m OK with the state condemning perfectly good property to build a road, a school, a park. It’s when they do it to hand the property over to a private developer, for a project whose public benefit was dubious even to begin with and now is widely acknowledged to be out of the picture, that I have a problem.
“except for Ratner’s ability to buy politicians” Well, there’s your answer isn’t it? And his ability to buy construction unions and lie to poor people about what they are going to get out of this nonsense. DDDB press conference at 12:30 today in front of Freddy’s. The fight goes on!
Meant to say “of which this is a prime non-example”
Sad news for any of us who like browstone Brooklyn. The legal system sucks…normally courts are condemned for being over-zealous; in this case saying “it’s not the role of the courts to intervene in agency decisions, given the wide latitude in state law” is an abrogation of their role.
TO all you joyous people out there, are you same ones who say “it’s my property, I can do anything with it” and damn the tenants? If so can you not see the irony in the state being able to condemn perfectly good property?
On a related note, the NYT article today on how the right and the left sides of the spectrum are joining in to protest the over-criminalization of federal law, and in general, the increasing fuzziness ond overuse of the legal system.
Of which this is a prime example.
“bigger names joining the team now that it is actually in NYC and atop mass transit links.”
Big name players making in excess of $10 million a year are anxious to give up their Escalades and ride the C train to their home games?
New York is a big market, and Brooklyn is a suburban part of that market, but basketball players are international celebrities well beyond any local market, no matter how big. Lebron, Dwyane Wade, Yao, etc., have become global properties without a New York base.
Why this is an appropriate use of public resources is beyond me, except for Ratner’s ability to buy politicians.
and 100% of people with credit card debt own mostly worthless sh*t they bought (95% made in China).
I hope that when all the smoke clears it is obvious that the only thing that all of the protesters did is make that part of Brooklyn much much uglier for the rest of all of our lives. The current design is much uglier than the original proposal which would have been underway if there had not been all of the protest.
bupe rocks. SIX TO ONE!!!
> so what has consumer confidence have to do with this?
Absolutely nothing. Just like this article:
1 in 4 mortgages ‘underwater’
Report shows 10.7 million borrowers are stuck with mortgages whose property values are less than what the they owe.
NEW YORK (CNNMoney.com) — In a sign that more foreclosures could be on the horizon, 23% of people with mortgages owe more than their home is worth, according to a report released Tuesday.