NY court to hear challenge to planned arena land

[cruzg24]

ALBANY, N.Y. (AP) -- New York's top court will soon decide if the state has the power to seize private property to build the Atlantic Yards development in Brooklyn, which includes a planned new arena for the New Jersey Nets.



The Court of Appeals will hear arguments Wednesday about whether the planned project constitutes legal public use of government authority to condemn property and force its sale for redevelopment.

Some small businesses and homeowners are challenging the Empire State Development Corp.'s move to force them out, saying it's wrong simply to enrich developers.

New York's constitution says: "Private property shall not be taken for public use without just compensation.'' The question is whether the Atlantic Yards project is a legitimate public use.

In its brief in the case, New York City said the project's primary goal is to alleviate substandard conditions, and the improvements will include the sports arena, affordable housing, public space and enhanced transportation. City lawyers said the area has been identified for decades as "in need of remediation and revitalization.''

Developer Bruce Ratner's proposed $4.9 billion, 22-acre project near downtown Brooklyn includes office towers, apartments and a new arena for the Nets. Ratner recently told The Associated Press he expected to prevail in court and sell almost $600 million in tax-exempt bonds by a Dec. 31 deadline.

Source: nba.com

Time to see if this will finally get done.