IN NEW YORK, BLIGHT IS WHATEVER OFFICIALS SAY IT IS.

Author:Root, Damon
Position:LAW
 
FREE EXCERPT

EMINENT DOMAIN ABUSE has reared its head in East Harlem. New York City officials plan to seize a family-owned dry cleaning business, raze the buildings, and hand the forcibly vacated land to a private developer.

City officials insist that the property is "blighted," the condition of severe disrepair required to trigger a taking under state eminent domain law. But as Damon Bae, whose parents opened Fancy Cleaners after immigrating from Korea in 1981, told the New York Daily News, "the only 'blight' was in the [city-owned] vacant lots the city allowed to sit empty" nearby. In other words, the local government created the very conditions it is now using as a pretext for seizing the property.

Unfortunately for the Baes and others like them, the U.S. Supreme Court rubber-stamped a similar land grab in 2005's Kelo v. City of New London decision.

New York's highest court--the Court of Appeals--did the same in 2009, when it ruled 6-1 to let the state seize property on behalf of a basketball arena and luxury apartment project in Brooklyn. In that case, state officials described the 22-acre project site as "blighted," thereby setting the stage for bulldozers to clear away homes and businesses. Their evidence for the claim? Such factors as "weeds," "graffiti," and "underutilization."

What's worse, the court basically admitted the whole thing was a sham. "It may be that the...

To continue reading

FREE SIGN UP