Democratizing New York’s Eminent Domain Regime

Authors

Gregory Wagner

Abstract

Since the Supreme Court’s landmark eminent domain decision in Kelo v. City of New London, forty-three states have amended their eminent domain laws to constrain their own eminent domain powers. New York, however, was not one of them. In Goldstein v. N.Y. State Urban Development Corp., New York’s highest court decided firmly in favor of the state’s broad eminent domain powers, yet counseled New York lawmakers to act to legislatively limit the state’s unbridled eminent domain authority. Again, New York did not do so—allowing an eminent domain regime that leads to systemic deprivation of public participation to remain fully in force. However, nearly twenty years after Kelo, the time for New York lawmakers to act may finally be near. Eminent domain is back in the spotlight as the Governor of New York prepares for the redevelopment of the Penn Station district, which, at a minimum, would require state seizure of a city block in the heart of Manhattan. The breadth, scope, and newsworthiness of the Penn Station eminent domain proposal present New York lawmakers a crucial opportunity to revisit and reconsider the state’s eminent domain statute to ensure that, moving forward, eminent domain actions in the State of New York are subject to the public review they warrant. This note proposes two reform alternatives: that the City of New York amend the New York City Charter to subject state-initiated eminent domain actions to the city’s comprehensive review procedure, known as ULURP, or New York State lawmakers amend the state eminent domain statute to require ULURP-type procedural protections for property owners. With the Penn Station redevelopment proposal as the catalyst, New York lawmakers have the opportunity to amend New York’s eminent domain regime to ensure those affected by condemnation actions are accorded appropriate public review procedures that adequately allow community members the opportunity to participate in the future planning of their neighborhoods.

Recommended Citation

Gregory Wagner, Democratizing New York’s Eminent Domain Regime, 89 Brook. L. Rev. 1291 (2024).
Available at: https://brooklynworks.brooklaw.edu/blr/vol89/iss4/7