tag:blogger.com,1999:blog-20743459.post5475273437365331383..comments2024-03-28T05:19:17.215-04:00Comments on Atlantic Yards/Pacific Park Report: Does the AY eminent domain lawsuit have a shot? Two law profs are doubtfulNorman Oderhttp://www.blogger.com/profile/07618087999719667586noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-20743459.post-75356391877842585822007-11-05T09:16:00.000-05:002007-11-05T09:16:00.000-05:00This analysis forgets where the story starts:--Bef...This analysis forgets where the story starts:-<BR/><BR/>-Before Forest City Ratner came in and made a proposal about developing the Vanderbilt Yards (so obvious there is no credible case for giving it an exclusive to develop or bid on the public site) Forest City Ratner was already receiving bail-out public subsidy money for nearby sites that were underperforming in large part because FCR is inept as conventional developer and “ept” only when it comes to wrangling special public subsidy deals.<BR/><BR/>Also, the analysis as to whether ostensible public use can be POSSIBLY be found is far too quick and superficial. Even if a public purpose could be found associated with the block being condemned for the arena, the peculiar wrench shape of the Atlantic Yards foot print highlights that the way in which eminent domain is being used is suspiciously odd. The shape of the footprint emphasizes how another entirely different block, the Ward Building block, is being condemned for little or no good ostensible purposes, while next to it the footprint curves around to avoid condemning an adjacent block with very similar characteristics. The adjacent block not being condemned involves ownership by a developer who has political relationships and who was in another set of negotiations with the official public agency supposed to be doing the condemning right around the time the footprint was established. It is probably not an accident that Ward block which has probably the least reason to be condemned on an allocable basis may net the most profit because construction on it does not involve the expense of building a platform.MDDWhttps://www.blogger.com/profile/16693635186364315879noreply@blogger.com