Untitled Document
Resources
Brooklyn lawyer: Arena not a public use
http://www.usatoday.com/sports/basketball/nba/2007-10-09-brooklyn-arena_N.htm
Atlantic Yards Opponents Appeal Dismissal of Eminent Domain Case
http://www.nysun.com/article/64230
U.S. Court Hears Opponents of Atlantic Yards Argue for Reinstating Suit
http://www.nytimes.com/2007/10/10/nyregion/10yards.html?ref=nyregion
Discussion Questions
- What is eminent domain, and where in the Constitution does it appear?
Eminent domain is the government’s power to take land for public use. The Fifth Amendment reads in part: “nor shall private property be taken for public use, without just compensation.”
- Why are some Brooklyn residents asking the 2nd U.S. Circuit Court of Appeals to return their case to a federal judge?
They are suing to stop New York from using eminent domain to take their property in order to build the “Atlantic Yards” project. The appeal comes after a U.S. District Court judge in Brooklyn dismissed the lawsuit in June.
- Who wants to take their property from them, and what is planned on the landowners’ property?
The state of New York; A new arena for the NBA's Nets; additionally, the development is to include office space and as many as 6,400 new apartments.
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Why do the residents believe their property is being taken unconstitutionally?
The Fifth Amendment provides for the taking of property by government for “public use.” The residents argue that stadium and other planned developments are private businesses, not publicly-owned facilities, and that because the developer for the project was selected before the process of eminent domain was begun, the 2005 case of Kelo v. New London does not apply. Any public benefit, they argue, was merely a cover story for acquiring the land, and that the real reason was to help the developer make money.
- What does the state argue that the taking is a constitutional exercise of eminent domain?
They argue that the project will have multiple public benefits, including a new subway entrance and seven acres of communal open space with walkways and bicycle paths.
- Do you believe that taking property for “public benefit” is constitutional under the Fifth Amendment? If so, how should “public benefit” be defined?
Answers will vary.
Extensions
Using the following resources, have students learn more about the Fifth Amendment and landmark property cases. Then ask them to apply what they’ve learned to write a brief in support of either side in the Atlantic Yards case.
The Fifth Amendment and Economic Rights
Kelo v. New London (2005)
US v. Causby (1946)
