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….
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
I wonder why they don’t do that?
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.
not according to the article I read, or to the displaced residents who were forced out.
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.
smeyer418- I was referring to what happened in Kelo after they won the case and destroyed the neighborhood.
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.
Let’s build the stadium by the BQE, in Williamsburg so you can walk to it.
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…
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.