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New York Court of Appeals Upholds "Atlantic Yards" Condemnation

By Steven Silverberg and Katherine Zalantis

In a major decision, the New York Court of Appeals put a new gloss on the New York Eminent Domain Procedure Law (EDPL) allowing the condemnation by the Empire State Development Corporation (ESDC) of the so called "Atlantic Yards" area of Brooklyn to proceed. In Matter of Goldstein v. New York State Urban Development Corporation d/b/a Empire State Development Corporation, the court found that the ESDC had properly determined that the area at issue met the criteria for being "blighted." Therefore, the taking of private property for the development of 16 commercial and residential towers along with, most notably, a new arena for the "NBA Nets franchise" may proceed. Initially the court addressed the issue of timeliness of the action. As previously noted in this Blog the EDPL sets forth a two part process for condemnation in New York...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on November 29, 2009 (boomark / email).