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Missed our live blog of the the New York Court of appeals oral arguments in Kaur v. New York State Urban Development Corp. the case in which the Appellate Division struck down an attempt to take property north of Columbia University in New York City because of the record reflected overwhelming private benefit and lack of “blight?”

Well, you’re in luck — the court has archived the video.

Launch the live blog and start the video at the same time and you can follow along with Timothy Sandefur, Mark Murakami, and me as we provide commentary.

To launch the video in a separate window, go here.

Norman Oder has posted an excellent summary of the arguments on Atlantic Yards Report. Worth reading, especially as you follow along with the video.Continue Reading Video Of Columbia Blight Case Oral Arguments (NY Court Of Appeals)

We’ve been busy filing an appellate brief and drafting another, so until now, haven’t had the chance to post up links about Tuesday’s New York Court of Appeals oral argument in Kaur v. New York State Urban Development Corp.

We live blogged the arguments, following along on the court’s video webcast. The court usually posts an archived video of oral arguments, which we expect next week.

Until then, check these out:

Any predictions? The only thing we’re going to predict publicly is that the opinion should be issued by the end of the…

Continue Reading Columbia Oral Argument Recap – Blight, Civic Purpose, And Bad Faith

Today, starting at 2:00 p.m. ET, the New York Court of Appeals will hear oral arguments in Kaur v. New York State Urban Development Corp. In that case, the New York Supreme Court, Appellate Division (First Department) struck down the attempted taking of land north of Columbia University in New York City because of the record reflected overwhelming private benefit and lack of “blight.” We analyzed the Appellate Division’s opinion here.

The Court of Appeals webcasts oral arguments, so we will be able to follow along and live blog the event in the window below. Joining me will be eminent domain scholar and property owners’ advocate Tim Sandefur, and my Damon Key colleague and fellow condemnation law attorney Mark Murakami.

The briefs are posted below the live blog window.

<p><p><p><p><p><p><p><p><a href="http://www.coveritlive.com/mobile.php/option=com_mobile/task=viewaltcast/altcast_code=8d1b4a3fb2" >N.Y. Ct. of Appeals Oral Arguments in Kaur v. NY State Urban Dev (Columbia

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Continue Reading 2pm ET Today: Live Blog Of Columbia Eminent Domain Arguments (NY Court Of Appeals)

A reminder: on Tuesday, June 1, 2010 at 2:00 p.m. ET, we will be live blogging the oral arguments in Kaur v. New York State Urban Development Corp.

In that case, the New York Supreme Court, Appellate Division (First Department) struck down the attempted taking of land north of Columbia University in New York City because of the record reflected overwhelming private benefit and lack of “blight.” The agency appealed to the Court of Appeals.

The Court of Appeals webcasts oral arguments, so we will be able to follow along and live blog the event. Joining me will be eminent domain scholar and property owners’ advocate Tim Sandefur, and my Damon Key colleague and fellow condemnation law attorney Mark Murakami. Sign up here for email notification, then on Tuesday, follow along and join in the discussion.

Here are the briefs in the Court of Appeals:

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Continue Reading Reminder: June 1 NY Court Of Appeals Oral Agument In Columbia “Blight” Case

In Smith v. Ark. Midstream Gas Servs, No 09-1186 (May 27, 2010), the Arkansas Supreme Court concluded that a taking for a natural gas pipeline by a private, for-profit utility company was not a violation of the state constitution’s public use clause.

Arkansas law delegates the power of eminent domain to certain pipeline companies and deems them to be “common carriers” — 

All pipeline companies operating in this state are given the right of eminent domain and are declared to be common carriers, except pipelines operated for conveying natural gas for public utility service.

Ark. Code Ann. § 23-15-101. The public use clause in the Arkansas Constitution isn’t that much different than similar provisions in other constitutions:

The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation thereof.

Ark. Const. art.

Continue Reading Arkansas Supreme Court: Pipeline Taking Not A Private Use

On June 1, 2010, starting at 2:00 p.m. ET, the New York Court of Appeals will hear oral arguments in Kaur v. New York State Urban Development Corp. In that case, the New York Supreme Court, Appellate Division (First Department) struck down the attempted taking of land north of Columbia University in New York City because of the record reflected overwhelming private benefit and lack of “blight.” We analyzed the Appellate Division’s opinion here.

Here are the briefs in the Court of Appeals:

The Court of Appeals webcasts oral arguments, so we will be able to follow along and live blog the event. Joining me will…

Continue Reading Briefs And Live Blog Of June 1 New York Court Of Appeals Oral Argument In Kaur v. NY State Urban Dev Corp. (Columbia “Blight” Case)

Vanderbilt lawprof James Ely (if you haven’t read his book The Guardian of Every Other Right: A Constitutional History of Property Rights (1998), you really should) writes on the topic du jour, the nomination of SG Elena Kagan to the Supreme Court in Stevens, Kagan and property rights.

Most of the article focuses on Justice Stevens’ record in property cases:

However, in at least one important area of constitutional law – the rights of property owners – Justice Stevens’ record fell woefully short of protecting the interests of average citizens. In fact, Justice Stevens consistently dismissed property rights claims and voted to strengthen government control over the lives of individuals.

He concludes with this:

Hopefully Elena Kagan, Mr. Obama’s nominee to replace Justice Stevens, holds a more balanced view of the importance of property rights in the American constitutional order. As in many other fields of law, however…

Continue Reading Ely On “Stevens, Kagan and Property Rights”

I’m on the road so haven’t had the opportunity to digest this one in more detail.

In an unpublished opinion in Community Redevelopment Agency of the City of Los Angeles v. Kramer Metals, No. B208726 (Apr. 23, 2010, the California Court of Appeal (Second District) held:

Kramer Metals, a California partnership, Stanley J. Kramer, as its general partner, and Stanley J. Kramer and Susan M. Kramer, husband and wife, as joint tenants, (collectively, Kramer) appeal from the judgment in condemnation following: (1) a court trial determining Kramer’s entitlement to just compensation from the Community Redevelopment Agency of the City of Los Angeles, California (CRA) for taking Kramer’s property (Kramer Property or 1000 Property); (2) a jury trial resulting in an award of $4,830,000 as just compensation; and (3) a jury trial resulting in a verdict that Kramer “suffered no loss of goodwill as a result of the taking.”

On…

Continue Reading Latest Eminent Domain Ruling From The California Court of Appeal

According to this City Room blog post at the New York Times, Daniel Goldstein, the “last Atlantic Yards holdout” and the driving force behind Develop Don’t Destroy Brooklyn, has agreed to cease his objections to the taking of his family home in return for $3 million. For a statement from Mr. Goldstein, see here.

We say good for him.

Browse through some of the comments on the post, however, and you will note that others view this through more jaded lenses: “We knew it was all about the money in the end,” “I guess it was about money all along, eh?,” “Moral of the story: He who holds out longest, gets the biggest check. No good guys in this one.” Similar charges were leveled against Susette Kelo when she eventually settled her case.

These comments are unfair, and reflect a gross lack of understanding of what…

Continue Reading Was It “All About The Money?” Hardly.