New York Law Review

Goldstein v. New York State Urban Development Corp., 13 N.Y.3d 511 (2009): Upholding Eminent Domain for Blight Removal

Published by

The New York Law Review

in

13 N.Y.3d 511 (2009)

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A determination of blight by a legislatively designated public benefit corporation, when supported by documented evidence, will be upheld by the courts unless there is no room for a reasonable difference of opinion as to whether an area is blighted.

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Summary

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The New York Court of Appeals upheld the Empire State Development Corporation’s (ESDC) use of eminent domain to acquire private properties for the Atlantic Yards project, a large-scale mixed-use development. The Court found that the ESDC’s determination that the area was blighted was supported by evidence and that the project served a public purpose, even if it primarily benefited a private developer. The court also held that Article XVIII, § 6 of the NY Constitution, requiring occupancy restrictions for low-income persons in state-subsidized projects, does not apply to land use improvement projects that do not involve substantial slum clearance.

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Facts

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The ESDC sought to condemn privately owned properties in downtown Brooklyn for the Atlantic Yards project, a 22-acre development by Forest City Ratner Companies (FCRC). The project included a sports arena, infrastructure improvements, and residential and commercial buildings. The ESDC designated the project as a

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