Real Estate & Property Law

New York Courts Helpless to Stop Eminent Domain Abuse

By Alan Ackerman

New York trial courts are concerned with the prevailing mentality that greatly favors developers at the expense of property owners. Unfortunately, these courts must defer to higher court decisions that protect expansive uses of eminent domain; such as falsely designating neighborhoods as 'blighted' to justify taking land for private economic development. Justice Catterson expresses his frustration with the process, but recognizes that thanks to the Court of Appeals (New York's Highest Court), trial court judges' hands are tied.   

New York Post

In a little-noticed ruling that could pack a punch for property owners, a judge has blasted the city for abusing eminent domain in its bid to seize buildings in East Harlem -- yet says there's nothing he can do about it.

In a searing statement, Justice James Catterson of the state Appellate Division accused the city of falsely claiming "blight" as a ploy to transfer private property to developers.

But New York's lower courts are powerless to stop it, said Catterson, thanks to prior rulings from the state Court of Appeals on eminent-domain cases related to Brooklyn's Atlantic Yards development and Columbia University's West Harlem expansion.

Full post as published by National Eminent Domain Blog on January 24, 2011 (boomark / email).