Welcome to blogs.villagevoice.com
Blogs
  • News
    • » News Home
    • » Daily News
    • » Runnin' Scared - News Blog
    • » Tom Robbins
    • » Wayne Barrett
  • Music
    • » Music Home
    • » Top Picks
    • » Find a Bar or Club
    • » Pazz & Jop
    • » Down in Front
    • » Sound of the City
    • » Siren
    • » Submit an Event
    • » Jukebox
    • » Join Music Newsletter
    • » Entertainment Ads
  • Calendar
    • » Calendar Home
    • » Top Picks
    • St Patrick's Day Events
    • » Comedy Events
    • » Submit an Event
    • » Entertainment Ads
  • Restaurants
    • » Restaurants Home
    • » Restaurant Guide
    • » Restaurant Reviews
    • » Sietsema's Counter Culture
    • » Find a Bar or Club
    • » Fork in the Road (column)
    • » Fork in the Road (blog)
    • » Sponsored Online Menus
    • » Choice Eats Tasting Event
    • » Join Dining Newsletter
    • » Restaurant Ads
    • » Happy Hours App
  •  
  • Arts
    • » Arts Home
    • » Calendar
    • » Books
    • » Theater
    • » Art
    • » Dance
    • » Obies Theater Awards
  • Films
    • » Films Home
    • » Now Showing
    • » Movie Showtimes
    • » Reviews
    • » Join NY Film Club
    • » Movie Ads
  • The Ads
    • Ad Index
    • Flip Book
    • Media Kit
    • » Fitness Health & Beauty Guide
    • » Sponsored Online Menus
  • Classifieds
    • Free Online Classifieds
    • Real Estate For Rent
    • Sexy Black Book
    • Virtual Career Fair
    • Personals
    • Real Estate for Sale
    • Place an Ad (print)
  • Blogs
    • » Runnin' Scared
    • » Sound of the City
    • » La Daily Musto
    • » Fork in the Road (blog)
    • » All City
  • Columns
    • » La Dolce Musto
    • » Tom Robbins
    • » Sex
    • » Horoscope
  • Best Of
    • » Arts & Entertainment
    • » Bars & Clubs
    • » Food & Drink
    • » People & Places
    • » Shopping & Services
    • » Sports & Recreation
    • » Best of Ads
  • Bars/Clubs
    • » Bars/Clubs Home
    • » Gay Bars & Clubs
    • » Bars/Club Ads
    • » Happy Hours App
  • Archives
    • Advanced Archive Search
    • Locations Map
    • Event Search
  • Reader Recommendations
  • Promotions
    • Street Team
    • Join The Street Team
    • Contests & Promotions
    • Text Alerts
    • Buy Village Voice Merchandise
    • Supplements Archive
  • Site Map

Top

blog

Stories

  • Dating

    Renaissance Dating Tips: The Finale

    By Village Voice contributor

    1
  • Primers

    Carlos Slim: The Richest Man in the World

    By Foster Kamer

    2
  • Overlooked and Hoberated

    Proof! Critic Called for Baumbach's Abortion

    By J. Hoberman

    3
  • Politics

    Chatting with Monserrate's Spiritual Advisor

    By Steven Thrasher

    4
  • Dating

    Still More Renaissance Pick-Up Lines!

    By Village Voice contributor

    5
  • Dating

    Renaissance Pick-Up Strategies Exposed

    By Village Voice contributor

    6
  • Nanny State

    Bloomberg: Won't Somebody Please Think of The Children?

    By Roy Edroso

    7
  • Death and Taxes

    Oldest Woman in U.S. Cedes Crown

    By Foster Kamer

    8
  • Exploring the Right Wing Blogosphere

    Let's Not Politicize John Patrick Bedell, Say Rightbloggers

    By Roy Edroso

    9
  • 9/11

    Ahmadinejad: Super Truther!

    By Julia

    10
  • The Movies

    Our Sure-Fire Oscar Predictions

    By Roy Edroso

    11
  • Fashion

    Your Project Runway Update!

    By Stacey Anderson

    12
  • Politics

    Place Your Bets! Which Paterson Resignation is Next?

    By Foster Kamer

    13
  • Murder

    RFK Death Outfit is a Stah!

    By Foster Kamer

    14
  • WTF?

    Reagan on the $50?

    By Alexis Jeffries

    15
 
Bricks and Mortar

Did Atlantic Yards Ruling Pass the Buck on 'Blight'?

By Elizabeth Dwoskin, Thursday, Nov. 26 2009 @ 9:00AM
Comments (4)
Categories: Atlantic Yards, Elizabeth Dwoskin, Featured, Legal
thirdatlanticyards.jpg

Tuesday's Atlantic Yards decision, in which New York's highest court upheld the right of the state to seize private property on behalf of a mega-developer, will doubtlessly impact the lives of thousands of Brooklyn residents and be discussed for years to come.

But the court backed off from a central question: Whether the site in downtown Brooklyn is truly "blighted."

In many ways, the entire case boils down to that loosely-defined word.

The decision clears a major hurdle for developer Bruce Ratner to go through with his plans to build a stadium for the New Jersey Nets and a 16-high-rise complex. The court upheld the right of the Empire State Development Corporation to use eminent domain to condemn businesses and homes within the 22-acre site on behalf of Ratner's company, Forest City Ratner.

In order to make the case that the project would have a legitimate public use -- a necessary criterion for granting eminent domain -- Ratner and ESDC had to convince the court that the area was blighted. (The local residents who brought the lawsuit argued that, while much of the area is underutilized, their section of it is actually a very pleasant place to live.)

Blight studies have been disputed in other New York eminent domain cases -- like the lawsuit brought over Columbia University's contentious Manhattanville expansion project -- on the grounds that they have been financed by developers with a stake in their results.

Since the Atlantic Yards case hinged on the blight question, one would expect the Court of Appeals to have debated the questions of whether the area was actually in decay. But the majority decision, at least, brushed it off.

Chief Judge Jonathan Lippman said in Tuesday's decision, "It is quite possible to differ with ESDC's findings that the blocks in question are affected by numerous conditions indicative of blight... It may be that the bar has now been set too low -- that what will now pass as 'blight' as that expression has come to be understood and used by political appointees to public corporations relying upon studies paid for by developers, should not be permitted to constitute a predicate for the invasion of property rights and the razing of homes and businesses."

Then Lippman passed the buck to the politicians:

"But any such limitation upon the sovereign power of eminent domain as it has come to be defined in the urban renewal context is a matter for the Legislature, not the courts."

The lone dissenter in the case, Judge Smith, took on the blight issue directly, and claimed his colleagues were sidestepping the issue.

Smith wrote that the courts have been in the business of deciding what constitutes blight since the term first cropped up in a Depression-era eminent domain case, in which the city's Housing Authority sought to take over slum dwellings from a private property owner after the owner had refused to accept payment for them, arguing that the slums were a "menace to the community."

In that case, the term was defined as "substandard and unsanitary." In recent decades, it has evolved to mean anything from irregularity of plots to incidence of crime, the drain the area makes on municipal services, traffic congestion, and pollution.

"Courts are required to be more than rubber stamps in the determination of the existence of substandard conditions," Smith wrote.

Smith pointed out that when Ratner announced the project in 2003, his argument for eminent domain was that it would bring economic development and prosperity to the area. It wasn't until two years later -- when the recession seemed to diminish this claim -- that Ratner and ESDC started using the word blight with respect to the site.

Comments (4) Write Comment
Share

Related Content

  • Meadowlands to Swap Nets to Newark for Concerts? October 23, 2009
  • As Atlantic Yards Gets Pricier, How Much Red Ink Can Ratner Absorb? December 4, 2009
  • The Man Who Would Be Kings November 4, 2003
  • Bloomberg Adding $226 Million for Nets, Mets, Yanks? January 29, 2007
  • Arena Watch February 10, 2004

More About:

  • Bruce Ratner
  • Jonathan Lippman
  • Brooklyn
  • Urban Planning
  • Economic Issues

Comments (4)

Bobbo says:

I don't understand why this is passing the buck? It's rightfully the place of the legislature...and Lippman wrote as well that there could be a situation where the court would rule but this isn't it.

As you note, there have been disputes on the meaning of blight in recent eminent domain cases. Considering that, isn't this indeed a case where legislative review is needed?

Of course, the legislature may not want to further define the word too closely. There are political benefits to such a loose definition. Still, rather than curse the court, why not use their language to demand legislative change? The opportunity is now present...if that's what you believe. We live in an era of conservative (primarily small "c") courts. It's not the sixties anymore.

Posted On: Thursday, Nov. 26 2009 @ 10:45AM
Nick Sprayregen says:

There is a similar eminent domain battle going on in West Harlem. Columbia U, a private university, has been partnering with the state of New York in using eminent domain to take away everyone's property in a 17 acre neighborhood called Manhattanville. My family is one of only two left after five years of battle. We are expecting a court ruling in the days to come and remain cautiously positive that the decision will be better than the recent ruling in Brooklyn.

Posted On: Friday, Nov. 27 2009 @ 4:41AM
notbobbo says:

keep your NJ thought to yourself Bob.

Posted On: Friday, Nov. 27 2009 @ 4:24PM
dsi r4 says:

Atlantic Yards is the proposed project, which consists of a sports arena to house a major league basketball franchise as well as various infrastructure improvements in phase one, would include numerous high rise buildings along with approximately eight acres of open, publically accessible landscaped space planned for phase two.

Posted On: Saturday, Nov. 28 2009 @ 1:30AM

Write Comment


Comments may not show up immediately after submission. Please wait a minute after posting a comment for it to appear.

All reader comments are subject to our Terms of Use. By clicking "Post," you acknowledge that you have reviewed and agree to these Terms.

Tools

Search Runnin' Scared


Follow

Email tips to tips@villagevoice.com

SlideShows»

  • Driven by Boredom's 9 Year Anniversary Party (NSFW)
  • Late-Night at the Shank
  • Golden Girls Drag Tribute Party
  • More Slideshows >>

Most …

  • City Kids Getting All Stabby
  • Rose Mankos ID'd as Woman Smashed by 6 Train
  • Bar Beater Believed Caught on Video
  • Yassky Gets Top Taxi Job
  • Project Runway: Earth, Wind, and Pantsuit
  • More Recent Entries...
  • Proof That Critic Armond White Did Call for Noah Baumbach's Abortion (41)
  • William Rivera, 21, Shot and Killed in the Bronx (35)
  • Game On: Renaissance Dating Strategies vs. the Pick-Up Artists (27)
  • Game On, Part 2: The Ageless Art of the Pick-Up (25)
  • Scientology Gets Polite Slap on the Wrist from New York Times (19)
  • Proof That Critic Armond White Did Call for Noah Baumbach's Abortion
  • Shady Mexican Dude Named Slim Now the Richest Man in the World: A Primer
  • Cop Finds Hair in Food; Cook is Arrested, Fired
  • Our 6 Favorite Losers in the American Apparel Best Bottom Contest
  • American Apparel's Williamsburg Stronghold: Attacked!

Twitter Feed

Follow villagevoice on Twitter

More Twitter >>

VVM on Digg

  • 17
    diggs
    The Ten Best Names of Traditional Irish Dishes
  • 52
    diggs
    State Bans Synthetic Weed, New Products crop up to Replace
  • 40
    diggs
    Cincinnati Named Craziest U.S. City, SF Pissed
  • 87
    diggs
    Group Continues Case To Force Condoms On Porn Industry
  • 20
    diggs
    Jesse Ventura spars with "The View" women over 9/11 (VIDs)
  • 59
    diggs
    10 Songs to Add to your St. Patricks Day Playlist
  • 82
    diggs
    Top 5 Anthems of Self-Loathing
  • 1
    diggs
    Star Wars Burlesque: Tatooine-Styled Shenanigans at the Bord
  • 196
    diggs
    Pot Club Supplier Made Purported $200K a Year
  • 102
    diggs
    "Batman" the Cancer Dog Heads for Kennel Doggy Heaven
  • 642
    diggs
    Man Gets 60 Yrs In Prison For Possessing 1.3 g of Cocaine
  • 346
    diggs
    Boob Cheese: A Protein Whose Time Has Come
  • 194
    diggs
    Cow Gets Loose, Terrorizes Town
  • 422
    diggs
    A Father Rapes his 5 Daughters and Has 6 Kids By Them.
  • 284
    diggs
    Kansas Becomes 1st State to Ban K2 (Synthetic Marijuana)
  • 210
    diggs
    Needle & The Damage Done: 6 Acts of Musical Career Suicide
  • 298
    diggs
    Man Shoots Wife 10 Times, Blames Her Murder on the Mob
  • 418
    diggs
    Marijuana Milkshake Celebration & Bhang Your Head!
  • 303
    diggs
    Tracking When, Where and How People Have Sex in Real-Time
  • 377
    diggs
    How to Cook Dinner Using a Dishwasher
  • 8773
    diggs
    Legalization of Marijuana Bill in California
  • 5801
    diggs
    Guess Who is Facing 21 Years in Prison?
  • 5051
    diggs
    Guys Dates Several Prostitutes. No Sex. Just Regular Dates.
  • 4605
    diggs
    Get Up, Stand Up: Ammiano Introduces Marijuana Legalization
  • 3753
    diggs
    Denver Airports Controversial 32 FT Zombie Mustang Sculpture
  • 3728
    diggs
    Guy Dumps His Cheating Girlfriend Live on Radio (Audio)
  • 2721
    diggs
    Meet Scientology's Worst Enemy
  • 2693
    diggs
    Decision Tree: Should I Buy an iPad? (PIC)
  • 2631
    diggs
    The best (PIC) of Colin Powell you'll see today.
  • 2588
    diggs
    Police Get The Wrong House In Galveston, Assault 12-Year old

Links

  • Village Voice
  • Wayne Barrett
  • Elizabeth Dwoskin
  • Jockbeat
  • Michael Musto
  • Tom Robbins
  • Somebody Got Murdered
  • Studies in Crap
  • New York Daily News
  • New York Post
  • New York Times
  • Newsday
  • Wall Street Journal
  • Washington Post
  • YouTube
  • Salon
  • Slate
  • Gawker
  • Huffington Post
  • Daily Kos
  • Drudge Report
  • The Daily Show
  • Colbert Report
  • Politico
  • Philadelphia Inquirer
  • Associated Press
  • Fox News
  • The Onion
  • ESPN
  • CNN
  • Time
  • Forward
  • New York
  • New Yorker
  • New York Review of Books
  • New York Observer
  • ABC News
  • CBS News
  • MSNBC
  • Newsweek
  • New York Sun
  • National Review
  • New Republic
  • Harper's
  • Atlantic
  • Vanity Fair
  • The Nation
  • Radar
  • New York Law Journal
  • Columbia Journalism Review
  • Columbia Spectator
  • Washington Square News
  • News India Times
  • Women's Wear Daily
  • Amsterdam News
  • New York Press
  • Time Out
  • IRIN
  • Indymedia
  • FAIR: Fairness & Accuracy in Reporting
  • Cryptome
  • Human Rights Watch
  • United for a Fair Economy
  • International Crisis Group
  • nola.com: New Orleans Times-Picayune
  • The New Yorker:Iraq Coverage
  • Index on Censorship
  • CounterPunch
  • Center for Contemporary Conflict
  • McClatchy D.C. Bureau
  • TomDispatch.com
  • Common Dreams News Center
  • War Report — Project on Defense Alternatives
  • Power & Interest News Report
  • Selves and Others
  • Antiwar.com
  • Johnson's Russia List
  • Energy Bulletin
  • Dry Dipstick
  • IFIWatchnet
  • Al Jazeera
  • chechnya-sl
  • Bushims
  • ACLU's Torture FOIA
  • Radio Free Europe/Radio Liberty
  • National Security Archive
  • Waxman Committee
  • Ethics Daily
  • Bretton Woods Project
  • Human Rights First
  • Center for Public Integrity
  • GlobalSecurity.org
  • Institute for War & Peace Reporting
  • 9-11 Timeline
  • Iraq Body Count
  • Students for an Orwellian Society
  • Center on Budget and Policy Priorities
  • whitehouse.gov
  • whitehouse.org
About Us | Work for Village Voice | Esubscribe | Free Classifieds | Advertising | Privacy Policy | Problem With the Site? | RSS | Site Map
©2010 Village Voice, LLC. All rights reserved.