Judge Grants New York State Right To Seize Homes By Eminent Domain--The SHADOW: Issue #54

Special Report From Develop Don't Destroy Brooklyn

[March 1, 2010] A Brooklyn Supreme Court judge today, in an 80-page ruling, granted the
Empire State Development Corporation's petition to take title ownership of the private properties—homes and businesses—in the footprint of developer Bruce Ratner's $5 billion
Atlantic Yards boondoggle. The project consists of a proposed $1 billion money-losing arena
and purportedly 15 skyscrapers though there are no renderings or models of anything other
than the arena.

The property owners and tenants fighting for their rights will be considering all of their legal
options in light of today's ruling. They also still have possession of their properties.

"Several overarching legal and financial issues still plague Ratner's Atlantic Yards project,
meaning today's extreme measure by New York State to seize ownership of private property
is premature," said Develop Don't Destroy Brooklyn legal director Candace Carponter. "*
There are two pending cases, one just completed briefing, and the other is awaiting a judicial
ruling <http://www.dddb.net/MGPPsuit>. Either would stop Atlantic Yards dead in its tracks
and could impact today's ruling."

"Today is a very sad day to be a Brooklynite. Our state government, long mired in corruption
and scandal, has bent over backwards to give Bruce Ratner whatever he wants, including
my home, and the homes of other citizens. I am angry with our so-called political leaders
who proudly stand by their abuse of power," said Daniel Goldstein a spokesman for Develop
Don't Destroy Brooklyn and a homeowner targeted by New York's abuse of eminent domain
for Ratner's benefit. "When the most powerful forces in state government collude with the
real estate industry, injustices will happen, and today is a result of that."

"But should we win or lose the fight against Atlantic Yards, there is a bright spot. We are
on the road to overturning New York's atrocious and abusive eminent domain laws. Senator
Bill Perkins’ proposed legislation <http://atlanticyardsreport.blogspot.com/2010/02/perkins-
introduces- bill-to-reform.html> will bring much-needed reform to these laws that afford
no meaningful protections to communities attacked by greedy developers and their
political cronies.

The abuse of eminent domain *must not happen again; Senator Perkins' bill to redefine
'blight' and reform eminent domain must be passed.

I call on my fellow citizens and elected officials across the city and state who believe that government abuse of power must be reined in, that government theft of property on the
slimmest of pretexts has got to stop, to actively support Senator Perkins' bill.

And when it passes, it will be one of the legacies of the stance I and so many others have
taken against the Atlantic Yards abuses, and the stand other citizens have taken in West
Harlem, Willets Point, Downtown Brooklyn, East Harlem, Port Chester, Syracuse and so
many other cities and
neighborhoods across the State of New York."

The judge's decision to transfer ownership of the properties to Bruce Ratner comes after
more than six years of a long legal battle with owners and tenants opposing what most
experts agree is an abuse of eminent domain in a state that has the worst eminent domain
laws in the country <http://www.ij.org/index.php?option=com_content&task=view&id= 2881&Itemid=165>

PICKET THE MTA FOR GIVING A SWEETHEART DEAL TO RATNER WHILE CUTTING SERVICES FOR STRAPHANGERS AND LAYING OFF TRANSIT WORKERS

PUBLIC HEARING on MTA CUTS

When: Wednesday, March 3, 2010 at 6:00pm
Where: Brooklyn Museum, Cantor Auditorium, 200 Eastern Parkway, Brooklyn

Please come starting at 5pm with picket signs about the giveaway to Ratner while we cut student metro cards, cut service and layoff transit workers. Please, after picketing outside come to the hearing and sign up to testify.

We want to make the connections—for the public, the press and politicians—between MTA fiscal problems and the sweetheart deals they make with developers, such as the deal with Ratner.

Points to remember:

> The 8.5 acre Vanderbilt Railyards were appraised at $214.5 million.
> In 2005, after a fixed bidding process, the MTA awarded the Yards to Ratner for $100 million, even though he was outbid by Extell's $150 million.
> In Sept. 2009 the MTA reached a new agreement with Ratner where he pays only $20 million up front and $80 million over 22 years (if ever).

With this kind of dealmaking it is no wonder the MTA is consistently strapped for cash and takes it out on the rest of us...

In December the MTA unveiled a package of service cuts that is a slap in the face to millions of New Yorkers across the five boroughs. Brooklyn now faces critical cuts in service that will negatively affect the commutes of thousands of Brooklynites each day.

Join New York City Council Speaker Christine Quinn, Transportation Chair James Vacca and members of the Brooklyn delegation for a public hearing on proposed cuts to the MTA. In Brooklyn, the proposed cuts include:

-Elimination of Student MetroCards
-$40 million in cuts to Access-a-Ride
-Elimination of several bus lines: Buses to be eliminated: B23, B37, B39, B51, B71, B75, B77, X29, X37 and the X38
-Weekend elimination of the B2, B24, B69, X27 and X28
-Reduced service for the D, F, G, A, L and M train lines resulting in longer waits and more crowded subway cars
-Laying off at least 1,000 transit workers

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