Friday, December 11, 2009

NY Court Halts Columbia University's Eminent Domain Abuse

New York’s Supreme Court Appellate Division (First Department) handed down a massive victory for property rights yesterday in the case of Kaur v. New York State Urban Development Corporation. At issue was the state’s highly controversial use of eminent domain on behalf of Columbia University, which wants free rein over the West Harlem neighborhood of Manhattanville, where it plans to build a fancy new research campus. As I discussed in an article last February, there is overwhelming evidence that the Empire State Development Corporation (ESDC) actively colluded with Columbia in order to produce the very conditions that would then allow ESDC to seize property on the university’s behalf. At the time of ESDC’s 2006 blight study, for instance, Columbia owned 76 percent of the neighborhood and was thus directly responsible for the overwhelming majority of blight that the report alleged, ranging from overflowing basement trash heaps to major roof and skylight leaks. As numerous tenants have reported, the university refused to perform basic and necessary repairs, which both pushed tenants out and manufactured the ugly conditions that later advanced Columbia's long-term interests. Preliminary findings delivered to the ESDC admitted as much, noting "Open violations in CU Buildings" and "History of CU repairs to properties" among the "issues of concern." Thankfully, the New York court recognized this shameful mess for what it is: eminent domain abuse. As Justice James Catterson wrote for the majority: the blight designation in the instant case is mere sophistry. It was utilized by ESDC years after the scheme was hatched to justify the employment of eminent domain but this project has always primarily concerned a massive capital project for Columbia. Indeed, it is nothing more than economic redevelopment wearing a different face.

Nice victory, but it makes you stop and think about property. The ESDC wouldn't dare discriminate or harm these individuals in their employment practices, nor would Columbia in their admissions policy. Yet they both could escape the barking of the liberal hyenas when they conspired to deprive these people of their property. It's a sorry state of affairs when property is held in such low regard.

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