Private Developer Uses Eminent Domain to Take the Land of Long Time Residents

Traditionally, eminent domain and condemnation constituted a government entity taking a private landowner’s property for public use.  And in turn, the government would offer the private landowner just compensation for its taking.  Unfortunately, courts have stretched this idea until it has reached an almost unrecognizable form.  For example, in a landmark case involving the town of New London, Connecticut, the United States Supreme Court held that the government could take property from landowners in a middle-class neighborhood and give it to a developer.  In making its decision, the Court noted that the government has the potentiality to exercise its power of eminent domain if a property is considered “blighted” or an eyesore in an area.

With such case law presently arising all around the country, it is no wonder that landowners in Brooklyn, New York face an eminent domain crisis of their own.  The state of New York is currently attempting to take privately-held property in the historic Prospect Heights neighborhood and transfer it to developer Bruce Ratner under the guise that the area is “blighted.”  Subsequently, Ratner wants to pump millions of dollars into his so-called Atlantic Yards project in order to build a basketball arena, high-rise residences, and commercial buildings.  Sounds nice… except for those homeowners who have pumped thousands, sometimes millions of their own dollars into the properties, and who do not possess Ratner’s political connections.

So far in the litigation proceedings, Ratner has retained the upper-hand.  New York’s highest court held in November that New York had properly exercised its power of eminent domain.  Those who are opposed to the government’s, more properly Ratner’s, seizure of property in Prospect Heights have vowed to continue fighting, even though an up-hill battle.

If you have an eminent domain or condemnation question or issue please give the attorneys at Sever Storey a call at 888-318-3761 or visit us on the web at www.severstorey.com.

Author Phil Sever
Posted in Eminent Domain & Condemnation
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