March 28th, 2012 — By — In News & Events
New York’s Brief in Opposition to River Center’s Cert Petition
The state has filed its Brief in Opposition to the property owner’s Petition for Certiorari in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012). This case involves one of the largest condemnations of private property in the history of New York City – the taking of the unused development rights of an entire city block located in the neighborhood of the Lincoln Center for the Performing Arts. At issue are important questions about the Just Compensation Clause of the Fifth Amendment which limits the government’s power of eminent domain by requiring that “just compensation” be paid to an owner if private property is taken for public use.
Owners’ Counsel has filed an Amicus Curiae Brief in this case on behalf of the property owner. Here the Petitioner is seeking review of the decisions of the New York courts which denied the landowner and developer the right to present evidence concerning the value of land taken by the Dormitory Authority of the State of New York. The New York courts concluded that an owner whose property is taken by eminent domain must have specific plans that will “come to fruition” in the immediate future. The Owners’ Counsel brief argues that all evidence of value must be considered by a reviewing court, and it cannot disregard evidence that a potential buyer of the property would consider important in assessing value.