4 ms·
> If it's "fair market value," then why do they need to exercise eminent domain in order to force the sale? Because without something like eminent domain, some
by lambda 16y ago
> If it's "fair market value," then why do they need to exercise eminent domain in order to force the sale?
Because without something like eminent domain, someone with a relatively worthless piece of property can inflate the value of it by holding an entire project hostage in exchange for their piece of land. If I have land that I ordinarily couldn't sell for more than a hundred thousand, but I know that the government will be doing a multi-million dollar project, I might demand a half a million for my land, in order to make a nice profit at the taxpayer's expense.
Now, this case is in more of a grey zone than that. It's not at the taxpayers expense, but at the expense of a private, non-profit institution. I'm not sure how I feel about that; it's certainly less objectionable than using eminent domain for a for-profit developer, but still makes me uneasy.
Even more troubling, however, is the fact that if you check other sources on this story, such as Columbia's own daily paper http://www.columbiaspectator.com/2010/12/13/us-supreme-court-will-not-hear-manhattanville-eminent-domain-case http://www.columbiaspectator.com/2010/12/13/us-supreme-court... , you find that part of the reason the neighborhood has been determined "blighted", which is necessary for the justification that it's in the state's interest to buy the land and sell it to someone else, is that Columbia has already bought up many of the buildings in the area and left them abandoned. If that claim is true, then it certainly is outrageous to grant eminent domain on that basis; it means that any private developer who wants to gobble up land can just destroy the neighborhood, both driving down prices and allowing them to use eminent domain to buy up any remaining land.
The strident populist rhetoric in the New York Post article originally linked to is a bit misplaced. But given a bit more research, I'm inclined to agree on this particular case that there's something pretty rotten going on here.
> I don't understand why we should accept the idea that certain people have more rights to property ownership than others, for no other reason but money and clout.
The idea is that the city or state has an interest in cleaning up blighted neighborhoods; there are serious risks of crime, public health, land value, and the like with property is allowed to decay. When that really is the case, there is an argument for the government having the power to buy up whole blocks at a time in order to redevelop them (it is very difficult to impossible to fight blight a bit at a time, since no one wants to move in next to an abandoned building filled with squatters or drug dealers). However, it should not be the case that a private developer can cause blight buy buying and abandoning land, and then using that as an excuse to get the rest of the land through eminent domain.
- tptacek 16y agoThe area in question was not thriving before Columbia began buying the property on the open market. It's not fair to suggest that Columbia engineered entirely the conditions of that real estate.
- blahedo 16y agoBut it doesn't matter whether they engineered it or not---if the fact of them buying up land, and thereby blighting it further, gives a boost to their eminent domain claim, then this creates a moral hazard and perverse incentive for future developers who want to eminent domain some land.
- tptacek 16y agoI think I agree with this; I just wanted to clarify.
- eftpotrm 16y agoWhile I agree with the general thrust of this, I'm not entirely sure what they could have done better. Deliberately blighting an area to drive down prices and increase their chances is clearly not on, but when they've been clearly establishing a pattern of purchasing pockets of land with a long-term view to collecting them together for a grand scheme, should they really be required to let them out until they have the full compliment to avoid the appearance of blighting? This seems equally unreasonable; they are purchasing development plots as fast as they can and (within reason) should surely be allowed to treat them as empty development plots until commencement to maximise their chances of speedy success?
- dhyasama 16y agoNot thriving and blighted are very different. I live in the neighborhood and often go to that very gas station. The spot is far from blighted. Here is a street view of the station: http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=manhattan&sll=37.0625,-95.677068&sspn=44.658568,91.230469&ie=UTF8&hq=&hnear=Manhattan,+New+York&ll=40.81605,-73.958588&spn=0.004912,0.011094&z=17&layer=c&cbll=40.816269,-73.958792&panoid=lzFTmYkEcHpsl-suH6C5yw&cbp=12,9.98,,0,4.39 http://maps.google.com/maps?f=q&source=s_q&hl=en&...