Eminent domain lurks into the 21st century with today's ruling from New York's highest court "that the state can seize private property" for Bruce Ratner's, Atlantic Yards, 22-acre development. Bruce Ratner didn't just win a major battle for his Atlantic Yards project, his win will give new hope to developers when financing becomes available. This ruling is a huge 22-acre reminder that eminent domain is alive and well and that it is a still a reality.
Eminent domain will always be the big elephant in the room. People talk about it, they throw it around to make sure it isn't truly needed, but with all of the negative press around eminent domain, how is it that it still happens? And, for how long will it be allowed to remain an option? If it does remain an option, how can government bodies properly manage it? Unfortunately, it's not a simple answer, it really depends on who you ask and the particulars of a given project.
More info: Ruling Lets Atlantic Yards Seize Land, New York Times
2 comments:
Eminent domain is the legal expression of society's right to enforce a benefit for the majority over the objections of a minority. It's really an old balancing act: how to give proper weight to individual vs. community rights. Here in the US, we've tended toward the individual side, but there are situations where the community as a whole (through cities, states, and courts) has said, "we can't let a few people block the good of the majority". Certainly not an easy call, but that's why eminent domain is still alive and kicking. ;-)
Well said Larry, it would be nice to see eminent domain used more frequently for a collectively good in the US.
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