Surprising Columbia Decision
December 4, 2009
Yesterday, a New York court rejected the eminent domain plan being used by the Empire State Development Corporation (ESDC) to enable Columbia University to build a massive campus expansion. The court found that ESDC hired the same consulting firm that Columbia used, the studies done to show blight in the area (the pretext upon which ESDC was basing its use of eminent domain) were entirely fabricated by the agency and its conflicted consultants and that Columbia was responsible for the blight in the area.
What is amazing about this decision is how infrequently the courts reject eminent domain that has been approved by a government agency, especially in light of the Supreme Court's decision in Kelo v. City of New London,545 US 469 (2005).
The Appellate Division not only did not reject Kelo, but relied on its reasoning to hold that ESDC had shown no legitimate public use for the project. What is not clear is how this case is distinguishable from the Atlantic Yards decision handed down two weeks ago by the New York Court of Appeals.
We will likely find out what the Court of Appeals thinks, as this case will almost certainly be appealed. The question for Columbia supporters (I am an alumnus of Columbia Law School myself) is why bother? Columbia has most of the land already, and this project has a thirty year development period, why not just build around the few parcels Columbia cannot purchase and at some point those properties will probably become available?
What is amazing about this decision is how infrequently the courts reject eminent domain that has been approved by a government agency, especially in light of the Supreme Court's decision in Kelo v. City of New London,545 US 469 (2005).
The Appellate Division not only did not reject Kelo, but relied on its reasoning to hold that ESDC had shown no legitimate public use for the project. What is not clear is how this case is distinguishable from the Atlantic Yards decision handed down two weeks ago by the New York Court of Appeals.
We will likely find out what the Court of Appeals thinks, as this case will almost certainly be appealed. The question for Columbia supporters (I am an alumnus of Columbia Law School myself) is why bother? Columbia has most of the land already, and this project has a thirty year development period, why not just build around the few parcels Columbia cannot purchase and at some point those properties will probably become available?
Posted by Avi Frisch. Posted In : Case Analysis
