The New York Times criticizes recent court ruling

The New York Times has weighed in on the escalating battle over Columbia’s Manhattanville campus expansion and the state’s use of eminent domain.

In Sunday’s editorial, “Eminent Domain in New York,” the New York Times criticized the most recent New York State appellate court ruling that banned the use of eminent domain to seize private property in Manhattanville, calling it a “weakly reasoned decision” and “a roadblock in the way of Columbia University’s expansion plans.”

“This decision conflicts with the relevant law and will make it much harder for the university to move ahead with a project that would benefit the surrounding neighborhood and the entire city,” the New York Times opined.

This editorial was written in light of the December 3rd 3-2 decision that declared eminent domain—the process by which the state can seize private properties for the “public good” in exchange for market-rate compensation—in the 17-acre expansion zone to be illegal, which University President Lee Bollinger has said could be a major setback for the University’s campus development plans.

The Empire State Development Corporation, which approved eminent domain for the project last December, intends to appeal the decision to New York’s highest court, the Court of Appeals.

“The Court of Appeals should hear the case on an expedited schedule and reverse the Appellate Division’s ruling,” the New York Times said.

The New York Times referenced a recent Court of Appeals ruling for the Atlantic Yards project in Brooklyn in favor of eminent domain, calling it “the right decision,” and asserted that “the case for Columbia is even stronger.”

“The decision is completely out of step with eminent domain law, including a recent 6-to-1 decision from the New York State Court of Appeals, the state’s highest court,” the New York Times stated, referencing a commercial development’s right to use eminent domain to secure land for the Nets basketball team.

Should eminent domain ultimately be invoked, the expansion would offer numerous benefits, the New York Times said.

“The civic purpose in the Columbia expansion is clear, given the contributions it would make to education, the job market and community life,” the Times said, adding that the Appellate Division’s position that there is no civic purpose is “peculiar.”

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Posted by
Kim Kirschenbaum
December 14, 2009

  • Maven
    The NY Times editorial is misleading because the Appellate Division did not decide the Kaur case, on the basis of substantive law. Columbia's problem was trhe factual record reviewed by the court which in any event had no power to overrule the Court of Appeals. But the court found that the procedures used by Columbia and its friends were flawed -- they did not follow the law, and therefore the determination that the subject properties were "blighted" was without foundation. Read the opinion for yourself and you will see that instead following the law and making proper studies and determinations of blight, Columbia et al. decided it wanted this property and proceeded to that predetermined result, cutting constitutional due process corners in the process. Thus the court concluded that the determination that the property in question was blighted, was improperly arrived at and therefore did not provide a proper basis for the taking.

    Also, as rutheisenberg has correctly noted, the Times had a conflict of interest on that one, which it did not reveal.
  • At a minimum, the New York Times editorial should have disclosed that it benefited from eminent domain regarding its headquarters building. Another unfortunate example of how the press is walking away from its traditional brand promise of trust and transparency.

    Private property owners who face the threat of eminent domain quickly learn that they are not standing on a level playing field legally, economically or ethically.

    So a university, a center of intellect, principles, and social justice, cannot figure out how to acquire the property it needs without "taking" it under the aegis of eminent domain?

    Among other lessons, there is a lot of play in the “just” of “just compensation.” The power of eminent domain brings with it a sense of entitlement. At that point, property owners are merely an obstacle to be swept aside — when, in fact, they possess the key asset coveted by government, the university, or the corporation.

    But property owners can fight back. Our two-year battle against Houston-based Spectra Energy which seized our property rights for an underground gas storage field led to the development of a website which has begun to attract whistle blowers inside the energy industry. We are collaborating and helping property owners in many states. For info, visit the site: http://www.spectraenergywatch.com/blog/

    By the way, our new neighbor, Spectra Energy, has received two Notice of Violations for “unlawful conduct” over the past two months related to emergency shutdowns and emissions at its storage field in Bedford County, PA. Reports of contaminated water supplies are on the rise since they began operations.

    The ripple effects of eminent domain are never over.

  • rutheisenberg
    The Times failed to mention in its editorial that the building it is presently in was built by the newpaper on land acquired by it through eminent domain. It has recently sold that building (which it has rented back from the new owner) at a tidy profit. Conflict of interest anyone?
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