Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Eminent Domain in Manhattanville

BY Stewart E. Sterk
August 27, 2010

For the second time in six months, the Court of Appeals has upheld the use of eminent domain to permit large-scale development by a private entity. A unanimous court rejected landowner challenges to condemnation of portions of a West Harlem neighborhood to accommodate Columbia University's expansion plans. The court's opinion suggests that in New York, judicial deference to eminent domain decisions made by the political branches will be nearly absolute.

Columbia's Expansion Plan

In 2001, Columbia approached the New York City Economic Development Corporation (EDC) about redeveloping the area west of Broadway from 125th Street to 133rd Street. Most of the buildings in the area were commercial, and Columbia began purchasing land within the area to facilitate the plan. In response to Columbia's initiative, the EDC prepared a mater plan for the area outlining strategies for economic development of the area. The study emphasized that a change in the use of the area would foster job growth and create improved street life. By 2003, the EDC hired a consulting firm to examine neighborhood conditions. The following year, the study concluded that conditions in the area were blighted, emphasizing that several buildings were dilapidated. Columbia then hired its own consulting firm (AKRF) to assist it obtaining approvals for the project. Subsequently the Empire State Development Corporation (ESDC) hired AKRF to conduct a study of neighboring conditions, in part because AKRF was already familiar with the area. AKRF's study concluded that the site was “substantially unsafe, unsanitary, substandard, and deteriorated.” Meanwhile, the City Planning Commission, noting Columbia's importance to the area as a center of educational excellence and economic growth, approved rezoning of the area to permit construction of a new urban campus. The City Council approved the rezoning. After affected landowners challenged ESDC's choice of AKRF to conduct the blight study, ESDC hired yet another consulting firm, Earth Tech, to conduct a study. Earth Tech's conclusions mirrored those of the previous AKRF study.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.