Atlantic Yards Eminent Domain Appeal Filed with Supreme Court
The 11 property owners and tenants fighting the use of eminent domain for the troubled Atlantic Yards project have filed an appeal to the U.S. Supreme Court. The petition asks the Court to hear the appeal of the eminent domain case, which was dismissed on February 1. Goldstein v. Pataki was originally filed in October 2006. The Atlantic Yards opponents argue that hearing the case "provides the Court with an important opportunity to address the appropriate constitutional limits on the government's power to seize private homes for the benefit of powerful real estate developers like Bruce Ratner. The group's legal argument is that there is only a "pretext of a public purpose" for taking land for Atlantic Yards via eminent domain where the "actual purpose" is "to bestow a private benefit." The full petition and other paperwork are here. The Court only accepts a handful of cases each year, but the group plans to pursue the legal fight in state court if the Supreme Court does not accept the case or if they lose. The state court process could delay any possible start of the project by an additional 1-2 years. More coverage at Curbed and Brownstoner.