Council Likely To Call for Stiffer Eminent Domain Restrictions
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The City Council is expected to pass a pair of resolutions next week urging the state to impose stiffer restrictions on the use of eminent domain.
The resolutions offered by a council member from Brooklyn, Letitia James, are heading to a full vote after winning approval yesterday from the council’s State and Federal Legislation Committee. The measures express the council’s support for two state bills – one each in the Assembly and the Senate – that would mandate a local review process before government could, by asserting a public interest, take control of private property.
The issue of eminent domain has spawned several legislative proposals since the U.S. Supreme Court earlier this year ruled in Kelo v. New London that a city could invoke eminent domain for the sake of private economic development. Ms. James has been an opponent of the Atlantic Yards development of a Nets basketball arena and Frank Gehry skyscrapers in Brooklyn, a project that makes some use of eminent domain powers.
“I recognize eminent domain has its purpose,” Ms. James said, noting that it has paved the way for institutions like Lincoln Center. “There just needs to be some more checks and balances on the abuse of eminent domain, particularly in light of the Kelo decision.”
In addition to requiring local review, the state proposal would increase the compensation the government would have to pay individuals for taking their land. It also would give individuals more time to contest a decision to invoke eminent domain.
Ms. James also is pressing the council to consider her proposal to prohibit the city from invoking eminent domain solely for the purpose of economic development. Introduced in August, the bill did not have the support of the council speaker, Gifford Miller, and stalled in committee.
Yet some officials are pushing for caution, saying lawmakers are rushing to respond to the Kelo decision without sufficient debate.
“I think that’s the wrong way to go because the power of eminent domain is still a very important power for a municipality to have,” a council member from Staten Island, Michael McMahon, said. “I’m afraid that there could be some rash changes in the law, and it should be a more methodical and circumspect approach.”