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Eminent Domain and Atlantic Yards: A Reprise

BY Stewart E. Sterk
March 31, 2009

Last year, the Second Circuit faced a constitutional challenge to condemnation of private land for purposes of building the Atlantic Yards Arena Redevelopment Project. In that case, the court held that the federal constitution did not prevent condemnation, because the proposed project was rationally related to several classic public uses, including relief of blight and provision of a sporting arena. Goldstein v. Pataki, 516 F.3d 50. At the end of February, however, the First Department faced another challenge to the Atlantic Yards condemnation ' this one a statutory challenge to the authority of the Empire State Development Corporation (ESDC) to condemn some of the private land. In Matter of Don't Destroy (Brooklyn) v. Urban Development Corp., the First Department rejected that challenge as well, suggesting in effect that the statutory power granted to the ESDC is co-extensive with its constitutional power.

The Project

The Atlantic Yards project is designed to sit atop the rail yards adjacent to the Long Island Railroad's Atlantic Terminal, and is to encompass a total of 22 acres, including blocks adjacent to the rail yards. Included in the project will be 16 high-rise structures and a sports arena. The mixed-use design includes 6,430 residential units, together with significant commercial space.

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