Kelo Killed in Columbus
On Wednesday, the Ohio Supreme Court found that eminent domain cannot be used solely for economic development, limiting (in Ohio) the U.S. Supreme Court's catastrophic decision in Kelo v. New London. The OSC decision in City of Norwood v. Horney further ruled that tagging an area "deteriorating" (as opposed to "blighted") is insufficient to make an area subject to eminent domain because the standard is too vague and susceptible of abuse.
Directly, this means nothing to the Atlantic Yards project. The decision was based on the Ohio Constitution and applies only in that state. Indirectly it provides a glimmer of hope that courts are paying attention to the abuse of eminent domain by local governments. I don't expect the New York Court of Appeals to jump on the anti-Kelo bandwagon, but I have my fingers crossed anyway.
Ironically, Bruce Ratner is himself from Ohio; if he tried to pull this crap in his hometown he couldn't do it anymore.
Posted by Charles Star on 07/27/2006 | Permalink