New York: Columbia University's Court Victory Means Campus Expansion Using Eminent Domain Will Go Forward

Columbia University's $6.3 billion campus expansion plan for West Harlem will go forward thanks to a New York State Court of Appeals decision that came down in June. As the New York Times reports, the majority of the property needed for the expansion had already been acquired by the University, but the owners of four warehouses and two gas stations refused to sell their land and sued to prevent a government taking. The June decision gives the State of New York, through its Empire State Development Corporation, the right to take the private owners' land without their consent on behalf of Columbia University.

The law of eminent domain allows the state to take private land if the area is "blighted" and the taking is for a public purpose. In this case, Columbia wants to build a series of buildings for science, business, and the arts. In its ruling, the Court of Appeals held that deference must be given to the state's determination whether a locale is "blighted" and that condemnation on behalf of a university serves a public purpose.

Judge Robert S. Smith wrote a concurring opinion in which he agreed that the state has the power to decide what constitutes "blight." However, Judge Smith disagreed with the court's discussion of what constitutes a "civic purpose," which he said opens the door to any purported "school," even a tennis school, to have land taken on its behalf using the law of eminent domain.

The State of New York has stood by the expansion plan, including the private property takings, saying that it will "enhance the vitality of both the university and its neighboring west Harlem community, while meeting the long-term needs of its residents." Seven tenements are also situated in the intended expansion zone; although they are not subject to condemnation, the University says it hopes to move the residents to comparable apartments somewhere else.

If you are a property owner and a state is seeking to seize your property through eminent domain, consult an experienced eminent domain lawyer to ensure that your rights and interests are protected. If you need legal assistance or have a question regarding eminent domain, please contact one of our Los Angeles eminent domain lawyers at Fisher & Talwar today or call us at (213) 891-0777.