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ALBANY--In the midst of a political firestorm set off by the U.S. Supreme Court decision on eminent domain (Kelo v. New London), and calls by Congress to withhold federal funding from localities that use eminent domain for commercial gain, New York State Bar Association President A. Vincent Buzard of Rochester has appointed a task force to provide legal analysis of the issue and to make recommendations about appropriate legislative and regulatory considerations.
In Kelo, the U.S. Supreme Court held that New London, Connecticut could condemn property for the purpose of economic development even though the property itself was not blighted. The decision was based on the principle that taking the Kelo property (a privately owned home on the hard hit New London waterfront) was part of a well-designed, comprehensive economic plan.
The U.S. Supreme Court decided 50 years ago that economic redevelopment could be deemed a valid public purpose. According to Buzard, it was upon that basis that the urban renewal of the '50s and '60s occurred, and more recently the Lincoln Center, the 42nd Street redevelopment, and the World Trade Center were built.
On Nov. 3, the House of Representatives took up legislation -- expected to pass with bi-partisan support -- that would withhold federal funds from state and local governments that use the powers of eminent domain to require homeowners to cede their property for commercial uses. The New York State Senate and Assembly are holding eminent domain hearings around the state, and a number of bills have been introduced on the topic in the state Legislature.
Patricia E. Salkin of Glenmont, associate dean and director of the Government Law Center of Albany Law School will chair the task force. Salkin has written and lectured extensively on the subject and is widely regarded as a leading resource on the topic.
11-22-05
© 2005 North
Country Gazette
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