Goldstein et al. File Suit Over AY Eminent Domain
Three homeowners, along with six renters and the owner of Freddy’s Bar, sued Governor Pataki, Mayor Bloomberg and Bruce Ratner in U.S. District Court in Brooklyn yesterday over the “misuse of government’s power to take property by eminent domain.” The Atlantic Yards proposal is premised on the abuse of eminent domain, said Matthew D. Brinckerhoff,…
Three homeowners, along with six renters and the owner of Freddy’s Bar, sued Governor Pataki, Mayor Bloomberg and Bruce Ratner in U.S. District Court in Brooklyn yesterday over the “misuse of government’s power to take property by eminent domain.” The Atlantic Yards proposal is premised on the abuse of eminent domain, said Matthew D. Brinckerhoff, the plaintiffs’ lead lawyer. It would mean the taking of one citizen’s property to benefit a powerful and influential private citizen, he said. The suit also claims that the politicians and developer failed to seek adequate community input. According to the NY Post, Mayor Bloomberg laughed when asked about the suit’s chances of stopping the project. “The Atlantic Yards project is something that Brooklyn, and this city, really needs,” he said. What do you think the suit’s impact will be?
Groups Aiming to Block AY Cite Eminent Domain [NY Law Journal]
Suit Against AY Challenges Eminent Domain [NY Times]
Suit Seeks to Dunk Arena [NY Post]
AY Project Abuses Eminent Domain, Suit Says [NY Sun]
Legal Shot Fired in Brooklyn’s Atlantic Yards Fight [Curbed]
Photo by threecee
Well put, David!
Why do people fail to see that this development would clearly benefit everyone (except maybe Goldberg and Co)? This certainly includes working folks – that’s why unions are supporting the project.
What’s so “ill-concieved” about this project, its size? Not everything big is necessarily bad if it provides housing and generates business.
“That is why there may be a favorable court ruling (against the project)””
Same with the blighted definitions – it’s a joke- it’s whatever ratner wants or needs for the project.
The suit will also probably bring much more of the internal workings of the ESDC into public light – believe me that’s the last thing they want.
Ratner is a complete scumbag – he ought to be thrown in jail for what he’s doing, and i hope he is.
Hey David 11:38,
You wrote: “Condemnation of private property is WRITTEN IN THE CONSTITUTION, all that is required is just compensation.”
I don’t think the framers were imagining the use of eminent domain as it is being considered in this context. That’s why we have a court of law which will make this determination.
But I am curious as to your beliefs regarding AY:
1. Do you support the view of the City that certain areas of prospect heights are “blighted?” thereby opening the door for eminent domain, even though an argument can easily be made that many of the areas in question are far from what a reasonable person would describe as blight?
2. Do you feel that the MTA did the right thing for taxpayers by selling the yards to ratner for a low amount, without opening up the door to competitve bidding?
3. Do you think it’s cool and/or OK and a boon for the greater brooklyn community that a PRIVATE developer can come up with an idea like this and GET THE POWER FROM THE LOCAL & STATE GOVERNMENT to invoke eminent domain, even though he stands to make profits that are simply unimaginable and kinda over-the-top to 99.999% of all humans on the planet? This argument could get interesting in court…
4. Do you support the tactics that FCRC are currently using to bully the holdout owners?
5. Do you feel that FCRC has conducted their business in an ethical manner with the best interest of the public in mind?
Can’t wait to hear your thoughts…
Regarding David’s comment above – I understand that the key is that it is developer driven – the city did not propose the project and then have a competition, ask for bids, review different proposals. They just took what Ratner gave them and Ratner has never revealed how much money he will make from this. That is why there may be a favorable court ruling (against the project)
Really – care to point out where you read that???
“However, as a study (Report on Three Decades of Locational Analysis for a Brooklyn Arena) from urban planner Simon Bertrang on behalf of Develop Don’t Destroy Brooklyn shows, the ESDC’s failure is much worse. The agency, wile relying on a 1974 study that seems to point to Prospect Heights as the only remaining arena site, omits any mention of later studies, in 1984 and 1994, both of which preferred sites in Coney Island.”
http://atlanticyardsreport.blogspot.com/2006/10/arena-in-coney-deis-ignores-most.html
just shows how ill-iformed you are about this project. Do you know how much public subsidies are involved? Are you aware Ratner pulled this whole dog and pony show with metrotech, which has done nothing but cost taxpayers money and make us pay for infrastructure while big companies receive tax breaks.
Annon at 11:42 – no; which is why no ELECTED official would propose such a condemnation b/c they’d be voted out of office….But it would be “legal”.
11:31Am said “ESDC said the best place for an arena was coney island.”
Really – care to point out where you read that???
“Finally all this “conservative” “liberal” stuff is just a red-herring. Condemnation of private property is WRITTEN IN THE CONSTITUTION, all that is required is just compensation.”
By your definition david, a private developer can use the state to condemn a church – which doesn’t pay property taxes and build a casino. Is that the sort of country we want to live in?
1st Concurring opinions are strictly academic – they have no binding authority
2nd Whether you like the definition of affordable, think Ratner will renege or whatever – it is a fact that 50% of the housing slated to be built will be affordable as defined by various state and federal formula’s – that is undoubtably a public benefit.
3rd – An arena is a public benefit = economic activity, jobs and entertainment venue – [So you dont think an arena is a public benefit? – well if a resort hotel and conference facility was viewed as a public benefit in Kelo, your going to have a hard time making that view prevail]
4th – The removal of a open railyard in the middle of a city is a public benefit
5th – Office space is a public benefit – = jobs and economic opportunity
Finally all this “conservative” “liberal” stuff is just a red-herring. Condemnation of private property is WRITTEN IN THE CONSTITUTION, all that is required is just compensation.