The New York Supreme Court, Appellate Division recently handed down a ruling that may directly question the breadth of the United States Supreme Court's landmark Kelo v. City of New London opinion. Under the Fifth Amendment, privately owned land can only be taken for public use. However, Kelo broadened that to include land used for a public benefit. In Kelo, the United States Supreme Court held that the city could use eminent domain to take a woman's home to build a parking garage at a pharmaceutical plant. The Court reasoned that obtaining more real estate tax dollars would constitute a public benefit.
In the recent Matter of Kaur v. New York State Urban Development Corp. decision, the court held that the Empire State Development Corporation (ESDC) could not take private land to sell to Columbia University. The ESDC is New York's governmental agency that encourages business development in the state. It was going to take the property and sell it to Columbia at a profit for use in a large university expansion project. The ESDC argued that the land at issue was blighted, which would make it subject to condemnation for urban renewal.
In a surprising decision, the New York court sided with the owners of the affected properties and said that a proposed expansion of a private university did not constitute a public use. The court also questioned the finding that the land was blighted and was concerned that there was a conflict of interest because the ESDC used the same real estate consultant Columbia had used for the blight study. Differentiating the case at hand from Kelo¸ the court held that unlike in Kelo, there was no existing plan for urban revitalization in the Manhattanville area. This decision will likely be appealed, and we will pay close attention to any developments that could impact property rights nationwide.
Eminent domain is a complex area of the law that requires a full understanding of the legal principles. Our attorneys are committed to staying apprised of any court decisions around the country that could one day impact your property rights in Los Angeles. If you are faced with the possibility of the condemnation of your property by a public entity, please contact one of our experienced and knowledgeable Los Angeles eminent domain lawyers at Fisher & Talwar or call us at (213) 891-0777.
Finally, a court pushing back on eminent domain. Let’s see if it stands. Private property owners facing the threat of eminent domain quickly learn that they are not standing on a level playing field legally.
ReplyDeleteAmong other lessons, there is a lot of play in the “just" of “just compensation." Most of the time,property owners are merely an obstacle to be swept aside — when, in fact, they possess the key asset coveted by government and the corporation or university.
But property owners can fight back. Our two-year battle against Houston-based Spectra Energy which seized our property rights for an underground gas storage field led to the development of a website which has begun to attract whistle blowers inside the energy industry. We are collaborating and helping property owners in many states. For info, visit the site: http://www.spectraenergywatch.com/blog/
By the way, our new neighbor, Spectra Energy, has received two Notice of Violations for “unlawful conduct” over the past two months related to emergency shutdowns and emissions at its storage field in Bedford County, PA. Reports of contaminated water supplies are on the rise since they began operations.
Like Kelo and Atlantic Yards, the ripple effects of eminent domain are never over.