Tuesday, November 24, 2009

Court upholds eminent domain abuse by state

From 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 case, which involves nine petitioners (homeowners, commercial property owners, and residential and commercial renters) is known as Goldstein, et al. vs. New York State Urban Development Corporation d/b/a/ Empire State Development Corporation (or ESDC).

Project backers had long expressed confidence about the result, given the state court's general deference to agency decisionmaking, but the court's willingness to accept the case in the first place--the Appellate Division had unanimously upheld the Empire State Development Corporation (ESDC) in the first round--had left some room for ambiguity.

Moreover, two of the seven judges seemed quite skeptical of the ESDC, though the attorney for the nine petitioners faced similar skepticism. One of those judges, Robert Smith, filed a blistering dissent that stated:

[T]he majority is much too deferential to the self-serving determination by Empire State Development Corporation (ESDC) that petitioners live in a "blighted" area, and are accordingly subject to having their homes seized and turned over to a private developer.

...It is clear to me from the record that the elimination of blight, in the sense of substandard and unsanitary conditions that present a danger to public safety, was never the bona fide purpose of the development at issue in this case.

21 comments:

Anonymous said...

what a pity. I guess then when people stop leaving the court won't get involved in that either.

Boss Tweed said...

Hear Ye
Hear Ye

Effective Immediately.

All judges in New York State are hereby to be known as Enablers. If you feel that you have been treated fairly by the court system, then we are not doing our jobs right.
Thank you and please return to your daily complaining.

Anonymous said...

At what point did justice become just us?

Mr. Natural said...

I'm gonna boil one more head of cabbage for lunch before they tear my blighted house down. [Sigh.]

Missing Foundation said...

What is needed is a pro-public lobby of communities just as organized as the developers.

They would not dare do this if that was in existance. As I have mentioned time and again, working within the current system is a big waste of time.

How do we go about this?

Anonymous said...

What a sad day for all landowners! No one is safe... If Bloomberg wants your land, he will just take it!

Anonymous said...

This is what happens when your country turns to Socialism. First the government takes your land if they want it, then they take over health care and limit the amount of money and rights that you think you have. The government will take care of us -- and not in a good way.

Anonymous said...

Nobody is gonna go see the nets in bklyn.The local yuppies and libs are not .the local blacks don't have the cash.............and the nets suck.This is the knicks city.

Anonymous said...

Wonder how much money Bloomburg paid the judge for this decision.

Anonymous said...

Wonder how much money Bloomburg paid the judge for this decision.
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Good point. FBI---are you paying attention?

Anonymous said...

Sorry, no such thing as the FBI in the state of New York. Maybe someone paid them off too.

Anonymous said...

SHALOM GENTILES. Do you really think we abide by the laws? Do you really think ANYTHING you do can prevent or deter our operations?

Keep dreaming.

Gary the Agnostic said...

Anonymous said...
SHALOM GENTILES. Do you really think we abide by the laws? Do you really think ANYTHING you do can prevent or deter our operations?

Keep dreaming.

Tuesday, November 24, 2009
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And your point being, aside from exposing your hatred of Jews?

Taxpayer said...

This "decision" just proves that, like the US Supreme Court, judges are just as corrupt as the thieving Commissar.

Anonymous said...

This is just a move to move the "Negroes" out of the nabe.

Uraban renewal..."Black" removal...
the African diaspora continues.

You don't see eminent domain abuse occurring in Riverdale or Douglas Manor!

Thanks Bruce Ratner.

No wonder African Americans dislike Jews so much (and vice versa)!

Patrick Henry said...

Time for a second American revolution!

You "tea baggers" better grab your muskets and dust 'em off!

Anonymous said...

C'mon...let's talk turkey...this is Jew York City's power elite that's still running things.

Ratner rules!

No go and report this to the B'nai Brith!

Anonymous said...

Sorry...I don't hate Jews only greedy landlord/owners.

Ratner happens to be Jewish....no?

Anonymous said...

The Nets are 14 game losers already, do we need another losing sports team. At least we have the yankees, but what the f... with the rangers, mets, knicks?

Anonymous said...

If properties continue to be seized under this perverted use of eminent domain, soon no one will want to purchase a home. We'll turn into a nation of renters and drive down property values. What will Bloomy and his friends do when there is no profit left in real estate?

Gary the Agnostic said...

Anonymous said...
Sorry...I don't hate Jews only greedy landlord/owners.

Ratner happens to be Jewish....no?

Wednesday, November 25, 2009
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So all greedy landlord/owners are Jewish?

This might be news to Donald Trump.