NY High Court Permits Taking for Columbia University Expansion
The New York Court of Appeals reversed the decision of a lower court, holding that a Columbia University expansion project could proceed, resulting in the taking of private property for use by a private university. The court below had concluded that there was insufficient evidence to conclude that the Columbia University Educational Mixed Use Development Land Use Improvement and Civic Project (the “Project”) qualified as a public use, benefit or purpose. New York’s highest court, the Court of Appeals, reversed, finding that that sufficient evidence had been presented for the Empire State Development Corporation (“ESDC”) to determine that the project area was blighted and qualified as a “land use improvement project” that was rationally based and entitled to deference. Additionally, the Court reinforced the principle that removing blight is a public purpose for eminent domain purposes, as it had more recently discussed in the Atlantic Yards opinion (discussed on our New Jersey Condemnation Law Blog here ).
Media coverage on the Columbia University case includes the following:
A copy of the New York Court of Appeals’ opinion can be found here.
New York remains one of the few states that has not adopted any meaningful eminent domain reform legislation since the Kelo decision was rendered by the United States Supreme Court 5 years ago. whether the recent decision, coupled with the similar decision of the Court of Appeals allowing the Atlantic Yards project to proceed, will result in any legislative response remains to be seen.
The author wishes to acknowledge the assistance of Cory K. Kestner, Esq., of McKirdy & Riskin, PA, in the preparation of this article.
