Tag: eminent domain abuse

NY Senate hearing on eminent domain: Should Avatar be required viewing for all NY Senators?

Posted on Jan 6, 2010 in News & Events

The Senate Standing Committee on Corporations, Authorities and Commissions, chaired by Senator Bill Perkins, conducted a public hearing yesterday (Tuesday, January 5, 2010) on eminent domain abuse in New York. The hearing entitled “Unconstitutional: What the Appellate Division’s Eminent Domain Ruling Means for the Columbia Expansion,” focused upon the recent Appellate Division ruling against the Empire State Development Corporation (ESDC) in the proposed condemnation for expansion of Columbia University, Kaur v. New York State Urban Development Corporation, decided December 3, 2009. (See the following blog commentaries on this decision – Atlantic Yards Report, Inverse Condemnation and Charles Bagli on the New York Times blog here.)

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Brooklyn’s fight not to go to Ratnerville

Posted on Jan 4, 2010 in News & Events

Kudos to Michael D. D. White (Noticing New York) for his amazing post (A Christmas Eve Story of Alternative Realities: The Fight Not To Go To Pottersville (Or Ratnerville) 12.24.09). White posted an eloquent adaptation of Frank Capra’s 1947 film It’s a Wonderful Life suggesting that if the movie were taking place in today’s New York, the lead character, George Bailey, would find similar monopolies and abuses of power as that seen in the original movie.

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Why has this Roanoke property been condemned?

Posted on Dec 17, 2009 in News & Events

Last month, Roanoke Judge William D. Broadhurst granted Roanoke Redevelopment and Housing Authority’s (RRHA) petition to take private property owned by Jay and Stephanie Burkholder (B&B Holdings, LLC) using the Authority’s power of eminent domain. Judge Broadhurst indicated in his November 12, 2009 correspondence to counsel that although evidence had been presented by B&B’s attorneys which “clearly suggests to the Court that the City was responding to pressure from Carilion in trying to direct the conclusions that RRHA would reach” with respect to the blight study, RRHA had been sufficiently insulated and had independently found “blight” in the neighborhood, and therefore the B&B property could be taken.

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Fox Video: Eminent Domain Ghost Town

Posted on Dec 2, 2009 in News & Events

Yesterday Fox Business News featured a segment on eminent domain with John Stossel. OCA Member and Institute for Justice Senior Attorney, Dana Berliner (co-counsel to Susette Kelo), and Jeff Benedict, author of “Little Pink House.” Discussion focused on Kelo, Pfizer’s recent announcement that it would leave New London and eminent domain abuse in general. Stossel also points to Anaheim, California as an example of how government can stimulate development by streamlining building and zoning regulations, avoiding eminent domain and saving tax payers dollars.

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NY Court of Appeals rules in favor of Atlantic Yards eminent domain

Posted on Nov 24, 2009 in News & Events

In a decision released today, New York’s highest court upholds 6-1 the use of eminent domain by the New York State urban Development Corporation d/b/a Empire State Development Corporation (“ESDC”) for the multi-use Atlantic Yards project in Brooklyn.

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Texas votes to limit eminent domain

Posted on Nov 4, 2009 in News & Events

In Tuesday’s election, Texas voters overwhelmingly voted in favor of Proposition 11, a constitutional amendment limiting the state’s eminent domain powers. Prop 11 (H.J.R. 14, Article 1) limits the use of eminent domain for public use and specifically defines “public use” to specifically not include “the taking of private property for…transfer to a private entity for the purpose of economic development or enhancement of tax revenue purposes.” (See “Analyses of Proposed Constitutional Amendments”, the Texas Legislative Council, pps. 27, 57-60.)

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Sen. McCain: Private property rights need protection

Posted on Oct 22, 2009 in News & Events

The opinion piece below appeared in today’s Arizona Daily Star and is attributed to Senator John McCain. Senator McCain clearly disagrees with the decision of the U.S. Supreme Court in Kelo and even calls upon the Court to revisit “its decision in the near term because it is irresponsible for the court to abandon long-held limitations on government power.” Although it is unlikely that the Court will revisit Kelo “in the near term,” the Justices will have an opportunity review a case before the Court concerning the issue of private property rights when oral arguments in Stop the Beach Renourishment v. Florida Dep’t of Environmental Protection take place before the Court on December 2, 2009.

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Altantic Yards arguments before Court of Appeals in Albany today

Posted on Oct 14, 2009 in News & Events

Today’s oral arguments before the New York Court of Appeals in Goldstein, et al. v. New York State Urban Development Corporation d/b/a/ Empire State Development Corporation begin at 2:00 PM (EST) and are available via webcast.

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Atlantic Yards eminent domain case will be heard by NY Court of Appeals Wednesday

Posted on Oct 12, 2009 in News & Events

The New York Court of Appeals will hear oral arguments in Goldstein, et al. v. New York State Urban Development Corporation d/b/a/ Empire State Development Corporation on Wednesday, October 14, 2009 beginning at 2:00 pm (EST). It is expected that arguments will be available by webcast.

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Victory for Long Branch Homeowners

Posted on Sep 16, 2009 in News & Events

The Institute for Justice announced this week that IJ lawyers had reached an agreement with Long Branch attorneys settling the eminent domain actions filed almost five years ago against a group of homeowners whose properties lie along Marine Terrace, Ocean Terrace and Seaview Avenue (MTOTSA) in Long Branch.

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