Paterson Calls For Moratorium on Use of Eminent Domain

The Empire Journal
Friday, July 29, 2005

New York In The News

Paterson Calls For Moratorium on Use of Eminent Domain


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Seeking to protect tenants, homeowners and small businesses and prevent the erosion of property rights in New York, Senate Democratic Leader David A. Paterson Thursday called for a moratorium on the use of eminent domain. Spurred by the recent controversial 5-4 Supreme Court decision allowing municipalities to seize private homes and businesses for the benefit of private economic development, Paterson said the State should immediately create a task force composed of legislators, developers, labor leaders and community development organizations to clarify seizure and development practices in New York.

"When Bill Clinton and Clarence Thomas agree on an issue, it is time to take a deep breath and examine all the facts," Paterson said. "These two ideological opposites have been brought together by their mutual fear that the Supreme Court's ruling on Kelo v. New London will lead to a gold rush on neighborhoods in economic decline." Paterson made the announcement because of constituent concerns in his 30th Senatorial District, which encompasses Central Harlem.

"This historic community has seen a tidal wave of private development that is overwhelming tenants, small home and business owners." He said while the need for affordable housing and economic development are greatest in places like Harlem, "History teaches us that without foresight, massive public projects can destroy neighborhoods without delivering promised benefits." He pointed out that during the 1950's and 60's New York's landscape was reshaped by the urban renewal projects of Robert Moses, many of which offered clear and compelling public benefit.

"Some however, have scarred and dismembered poor and working class neighborhoods that have never recovered from the bulldozer of the Eminent Domain." Paterson also cited outgoing Justice Sandra Day O'Connor, who, in the dissenting opinion on Kelo v. City of New London, wrote, "The specter of condemnation hangs over all property.

Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."

Joining Senator Paterson was Bert Gall, an attorney with the Washington-based Institute for Justice organization that represented the property owners in Kelo, the. Mr. Gall said, "Eminent Domain abuse is a nation-wide problem, but it is particularly bad in New York. Lawmakers need to make sure that Eminent Domain is not used for private gains."

Representing Community Planning Board Nine, Chairman Jordi Reyes-Montblanc spoke of his concerns as a New Yorker. It is important that the legislature understand the implications of Eminent Domain and take the proper steps to protect property owners in New York".

Paterson was also joined by Maritta Dunn, executive director of the Manhattanville Area Consortium of Businesses, and Nellie Hester-Bailey, the executive director of the Harlem Tenants Council. “Neighborhoods are made of more than just concrete, steel and glass”, Paterson said. “Like Harlem, neighborhoods are living monuments to the struggle of individuals and families to obtain the American dream. Unless we act wisely, we could see communities like Harlem erased from the cultural landscape of New York."

State Legislatures across the nation are taking measures to restrict municipalities from using Kelo as a pretext to expand the use of Eminent Domain. Many of these interventions call for the creation of a more transparent system of local due process to prevent abuse. 7-29-05

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