Author Topic: NY's Highest Court Approves Brooklyn Development  (Read 4333 times)

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NY's Highest Court Approves Brooklyn Development
« on: November 24, 2009, 05:36:36 PM »

Offline footey

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The NY Court of Appeals (article below) confirmed eminent domain taking of railyard property in Brooklyn. This will pave the way for the Nets' owner (Ratner, and the Russian dude) to build arena in Brooklyn, which, if on schedule, would be ready in 2012. 

Will Lebron join Jay Z's Brooklyn Nets?

http://www.nytimes.com/2009/11/25/nyregion/25yards.html?hp


Re: NY's Highest Court Approves Brooklyn Development
« Reply #1 on: November 24, 2009, 05:44:41 PM »

Offline Eja117

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I have to admit that grabbing private property so it can become someone else's private property bothers me a little for many ethical, legal, and financial reasons. My background is a little more financial so all I would say there is that it essentially violates and puts an unnatural somewhat political twist into the natural laws of supply and demand.

The legal issue I would be curious to see someone like Roy comment on.

The ethical issue I'll leave to the current events area.

I guess I am slightly recently affected by some of the recent stuff I've seen on TV about the Trail of Tears and I'm a little nervous about judges or governments making judgements about who is and isn't good enough to have certain land when someone else wants it. So I'm framing it somewhat historically, but again I said I'd leave that to Roy and current events.

Re: NY's Highest Court Approves Brooklyn Development
« Reply #2 on: November 24, 2009, 06:55:29 PM »

Offline Brickowski

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Well that state can have an overriding interest in certain private development.  Think of the millions of acres that were given to the railroads in the 19th century, some of it public land but also private land taken by public domain if it blocked the railroad's planned right of way.  Or think of land and easements given to utility companies for power lines, sewers, watermains, gas lines, power plants, sewage treatment plants, port facilities, lighthouses, etc.  Should some crotchety landowner have the right to block an important public works project?

Of course the government could take the land itself.  But then it would lose a major chunk of the tax revenue associated with the land. 

Re: NY's Highest Court Approves Brooklyn Development
« Reply #3 on: November 24, 2009, 06:58:15 PM »

Offline xmuscularghandix

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Does Spike Lee also now support the BK Nets?

Re: NY's Highest Court Approves Brooklyn Development
« Reply #4 on: November 24, 2009, 07:16:40 PM »

Offline nickagneta

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It's not the first time the government has seized private property and given it over to private owners for the overall good of the community.

And really, have you driven through Brooklyn recently? That's a community and that's an area that needs an influx of development that would lead to a civic revival if ever there was one.

Re: NY's Highest Court Approves Brooklyn Development
« Reply #5 on: November 24, 2009, 07:31:26 PM »

Offline Eja117

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touche nick. I guess it is considered a pretty bad area where they want to develop and maybe if they use eminent domain and overpay the people for it they don't have much to complain about it if they haven't taken care of it.

But I would definitely take issue on some level with some of Brick's comments.

An NBA arena isn't a public work for everyone like a railroad. Railroads were a vital link at that time. Power lines are vital. NBA arenas aren't.

This is private land being taken not to provide jobs or enhance people's quality of life, but in order to make someone money who isn't interested in sharing any of it. If they had to share profits with these people as part owners or something so they were partners in the development process it would be a different twist, but I doubt that's what will happen.

It's not the public vs private thing I have issue with. It's the private vs private. It's the idea that any home can be grabbed for someone else because they are "better" than you. The idea that because a guy will take the land and make money with it, somehow that's a better plan than your idea to just live on it. I mean if you have a home you like and someone wants it at some point "Not for sale" has to be a legit possibility and this takes away that possibility for a lot of people in favor of just one.

I'm very much looking forward to a more legal viewpoint here.

My financial point is this. You have a home. It has a certain value to you. You bought it for let's say 300K, but your personal value to it is 1mill. That's what you value it at. It's your property. That's legit. The fact that there is only one supply (that one place) and a certain demand (yours, and potentially others) means that's what it's worth.  Then a judge says "Sorry. It's not worth that. You have to sell for $310K".

Well now you're screwed out of 690K. Now you have to find some other home that you don't want and you only have this much to do it.

It basically stomps on the concept of free market economics and willing buying and sellers.  It gives an incredible advantage to the buyer.  Now the buyer gets to (with the help of a judge) set the price. It's bad economics.

Now if this is a situation like a railroad that benefits millions of people at the expense of a few that's one thing, but when it benefits the few (wealthy NBA owners) at the potential expense of the many that to me is a serious violation of personal property and amounts to a form of theft.

What if you had to sell your cars to taxi companys? It's not that different. It's just not that different from simple seizure/outright theft. The only difference is that in one case you get nothing and in the other you get not enough.

Re: NY's Highest Court Approves Brooklyn Development
« Reply #6 on: November 24, 2009, 08:46:42 PM »

Offline Eja117

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http://sports.yahoo.com/nba/news;_ylt=AiE0XmBc3SKGzQVq8LzutuYBPKB4?slug=afp-basketnbathauniforms&prov=afp&type=lgns

It's a different topic that maybe deserves a different thread, but it's another example of politics trying to get into economics.

It's about how addidas wants to move one of their many factories to Thailand and the NY senator is saying "It's wrong" yadda yadda.

Re: NY's Highest Court Approves Brooklyn Development
« Reply #7 on: November 24, 2009, 08:58:55 PM »

Offline nickagneta

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touche nick. I guess it is considered a pretty bad area where they want to develop and maybe if they use eminent domain and overpay the people for it they don't have much to complain about it if they haven't taken care of it.

But I would definitely take issue on some level with some of Brick's comments.

An NBA arena isn't a public work for everyone like a railroad. Railroads were a vital link at that time. Power lines are vital. NBA arenas aren't.

This is private land being taken not to provide jobs or enhance people's quality of life, but in order to make someone money who isn't interested in sharing any of it. If they had to share profits with these people as part owners or something so they were partners in the development process it would be a different twist, but I doubt that's what will happen.

It's not the public vs private thing I have issue with. It's the private vs private. It's the idea that any home can be grabbed for someone else because they are "better" than you. The idea that because a guy will take the land and make money with it, somehow that's a better plan than your idea to just live on it. I mean if you have a home you like and someone wants it at some point "Not for sale" has to be a legit possibility and this takes away that possibility for a lot of people in favor of just one.

I'm very much looking forward to a more legal viewpoint here.

My financial point is this. You have a home. It has a certain value to you. You bought it for let's say 300K, but your personal value to it is 1mill. That's what you value it at. It's your property. That's legit. The fact that there is only one supply (that one place) and a certain demand (yours, and potentially others) means that's what it's worth.  Then a judge says "Sorry. It's not worth that. You have to sell for $310K".

Well now you're screwed out of 690K. Now you have to find some other home that you don't want and you only have this much to do it.

It basically stomps on the concept of free market economics and willing buying and sellers.  It gives an incredible advantage to the buyer.  Now the buyer gets to (with the help of a judge) set the price. It's bad economics.

Now if this is a situation like a railroad that benefits millions of people at the expense of a few that's one thing, but when it benefits the few (wealthy NBA owners) at the potential expense of the many that to me is a serious violation of personal property and amounts to a form of theft.

What if you had to sell your cars to taxi companys? It's not that different. It's just not that different from simple seizure/outright theft. The only difference is that in one case you get nothing and in the other you get not enough.
I guess in this instance, it can be argued that this private enterprise, while making the owners of that enterprise tons of money, will also open up a ton of full time employment opportunities, will increase property values in the area, will generate a much larger amount of local real estate taxes, increase the future business development in the area, which all will then lead to better civic pride and an urban renewal, the type of which hasn't been seen in that area of the buroughs in perhaps 70-80 years.

That, far outweighs the perceived value the current owner of the property has as the overall good of the community and it's development and renewal is greatly more important than what the current owners are doing with the property or what they perceive the property is worth to them.

Re: NY's Highest Court Approves Brooklyn Development
« Reply #8 on: November 24, 2009, 09:04:12 PM »

Offline Cman

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I have to admit that grabbing private property so it can become someone else's private property bothers me a little for many ethical, legal, and financial reasons. My background is a little more financial so all I would say there is that it essentially violates and puts an unnatural somewhat political twist into the natural laws of supply and demand.

The legal issue I would be curious to see someone like Roy comment on.

The ethical issue I'll leave to the current events area.

I guess I am slightly recently affected by some of the recent stuff I've seen on TV about the Trail of Tears and I'm a little nervous about judges or governments making judgements about who is and isn't good enough to have certain land when someone else wants it. So I'm framing it somewhat historically, but again I said I'd leave that to Roy and current events.

In general, I agree with you.  However, I know nothing about this certain situation.  If the owners of the rail yards were trying to hold out for unreasonable financial compensation, I am a little less sympathetic.  Again, I don't know the specifics, and am generally not in favor of giving such powers to a court.  But I could envision a scenario where I would agree with the court's decision.
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Re: NY's Highest Court Approves Brooklyn Development
« Reply #9 on: November 24, 2009, 09:46:07 PM »

Offline Eja117

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touche nick. I guess it is considered a pretty bad area where they want to develop and maybe if they use eminent domain and overpay the people for it they don't have much to complain about it if they haven't taken care of it.

But I would definitely take issue on some level with some of Brick's comments.

An NBA arena isn't a public work for everyone like a railroad. Railroads were a vital link at that time. Power lines are vital. NBA arenas aren't.

This is private land being taken not to provide jobs or enhance people's quality of life, but in order to make someone money who isn't interested in sharing any of it. If they had to share profits with these people as part owners or something so they were partners in the development process it would be a different twist, but I doubt that's what will happen.

It's not the public vs private thing I have issue with. It's the private vs private. It's the idea that any home can be grabbed for someone else because they are "better" than you. The idea that because a guy will take the land and make money with it, somehow that's a better plan than your idea to just live on it. I mean if you have a home you like and someone wants it at some point "Not for sale" has to be a legit possibility and this takes away that possibility for a lot of people in favor of just one.

I'm very much looking forward to a more legal viewpoint here.

My financial point is this. You have a home. It has a certain value to you. You bought it for let's say 300K, but your personal value to it is 1mill. That's what you value it at. It's your property. That's legit. The fact that there is only one supply (that one place) and a certain demand (yours, and potentially others) means that's what it's worth.  Then a judge says "Sorry. It's not worth that. You have to sell for $310K".

Well now you're screwed out of 690K. Now you have to find some other home that you don't want and you only have this much to do it.

It basically stomps on the concept of free market economics and willing buying and sellers.  It gives an incredible advantage to the buyer.  Now the buyer gets to (with the help of a judge) set the price. It's bad economics.

Now if this is a situation like a railroad that benefits millions of people at the expense of a few that's one thing, but when it benefits the few (wealthy NBA owners) at the potential expense of the many that to me is a serious violation of personal property and amounts to a form of theft.

What if you had to sell your cars to taxi companys? It's not that different. It's just not that different from simple seizure/outright theft. The only difference is that in one case you get nothing and in the other you get not enough.
I guess in this instance, it can be argued that this private enterprise, while making the owners of that enterprise tons of money, will also open up a ton of full time employment opportunities, will increase property values in the area, will generate a much larger amount of local real estate taxes, increase the future business development in the area, which all will then lead to better civic pride and an urban renewal, the type of which hasn't been seen in that area of the buroughs in perhaps 70-80 years.

That, far outweighs the perceived value the current owner of the property has as the overall good of the community and it's development and renewal is greatly more important than what the current owners are doing with the property or what they perceive the property is worth to them.
nick I at least half way agree with you, especially in this instance. I definitely hope all those things happen.

But there's still some problems here. Communities aren't entitled to those things. They aren't entitled to more taxes, or more employment. They aren't entitled to any of it. Also private developers aren't entitled to make money or to land to make money with.
But you are entitled to keep, own, and enjoy your private property as you see fit unless maybe it's causing a hazard of some sort.
If those things are so valuable then they need to be paid for. Also the people living in the area have every right to leave the area if they don't like it and the business owner has a right to try to find another place and negotiate with those owners.  I have to guess there must be some commercial property in Brooklyn or possibly public space. I'm not sure this is the only option.

Also you said one other thing, which is that all those benefits outweigh the perceived value of the property owners. That's not necessarily true, although generally it is probably true in this case. You could use all the arguments you made to seize anywhere or anything. If the owners are properly paid then maybe you would be right, but I wonder if that will happen here.
But take for example an extreme case (which is almost certainly not the case here).  Mt. Rushmore was seized from the Lakota Indians. They were offered compensation (not sure how much. I don't think it was a lot). The problem is that the Black Hills wasn't just Lakota land, but that they considered it holy the way some might consider the Wailing Wall or the Vatican. If you tried to seize that from someone using all the arguments you made (and Mt. Rushmore obviously has tremendous value for many in the public) you would just be absolutely wrong to say that the value of all that exceeds the perceived value of the property owner. That almost certainly isn't the case here, but when you start removing neighborhoods at some point someone says "That's my church where I was married and my kids were baptized." Someone says "That's the hospital where my father died and my kids were born". Someone says "That's the school where my illiterate father learned to read at night school and my kid learned to shoot a ball during the day".  Suddenly the perceived value of the area is much higher than the price tag a business or court puts on it and not paying for that value is simply anti-Adam Smith economics.

Granted Adam Smith failed to account for various market failures and there are probably market failures here that could definitely stand to be dealt with here.

However Adam Smith points out specifically that the "real price of every thing ... is the toil and trouble of acquiring it" as influenced by its scarcity. This is the specific point of self-interested economics.

By comparison the concept of doing what is best for "everyone" instead of the property owners is positively Marxist.
Marx is absolutely correct perhaps if you consider naturally public entities such as what Brick mentions. Power lines. Jailes. Railroads back in the day. But not NBA arenas or shopping malls, or Wal-Mart stores, or hotels, or anything along those lines.

Re: NY's Highest Court Approves Brooklyn Development
« Reply #10 on: November 24, 2009, 09:54:57 PM »

Offline Brickowski

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It's not as though the owners of land taken by eminent domain don't get paid for it.  They get fair market value.

Re: NY's Highest Court Approves Brooklyn Development
« Reply #11 on: November 24, 2009, 10:01:13 PM »

Offline Eja117

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It's not as though the owners of land taken by eminent domain don't get paid for it.  They get fair market value.

Not always.

But even so "fair market value" is something to be determined by buyer and seller. Not anyone else. If a seller is unwilling to sell at a certain price then that price isn't fair market value. They may get similar market value to other similar places, but that doesn't mean it's "fair market value". Property isn't like a stock or a commodity. This is the direct problem here.

Re: NY's Highest Court Approves Brooklyn Development
« Reply #12 on: November 24, 2009, 10:17:24 PM »

Offline nickagneta

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So if you own a large piece of land that can be developed and yet you keep it in disrepair or decide to do nothing with it because of lack of funds or some internal distaste for doing it or because your family owned it for generations and that's the way your great grandfather want to leave the land, the government, for the greater good of the community and the state and the nation in general, doesn't have the right to pay you far markey value for that land because it's perceived self interest value of the land to you is so much more than that? And that's Marxist!!!

Sorry. Not buying it. Argue away and state all your arguments. To me they won't matter. Discuss this further with others. I disagree strongly and nothing will change my mind on that. The right to eminent domain is a long standing, legal right of this government that I believe in, and that I believe is used and has been used for the greater good of America for centuries.

Re: NY's Highest Court Approves Brooklyn Development
« Reply #13 on: November 24, 2009, 10:57:24 PM »

Offline nickagneta

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I just want to add this about perceived self interest value and eminent domain. 99.999 times out of 100 the party that is whining about getting only fair market value and not receiving perceived self interest value are just trying to rape the government or private entity that is going to make the area a better place of huge amounts of money. It's pure greed.

Because, let's face it, if they tried to sell their house or property apart from the eminent domain situation, in other words, normally, they would never, ever, ever get the ridiculous perceived self-interest value they want. It wouldn't happen.

Also, let's say there is this one property, private home that would hold out and not sell to a private investor trying to build an arena unless they paid millions for a property worth a couple hundred thousand. If that development were constructed all around that house, like an arena, quality of life living there might become worse due to traffic, congestion, etc. Then what happens if the city decides to re-evaluate the property and due to it's surrounds value it at millions for taxation purposes because of the property of the surrounding area. That person now has to pay ridiculous property taxes on a house that he'll never be able to sell because no one will ever want to live there.

I don't believe in self interest perceived value in the case of eminent domain. I think the fact that people get fair market value for their home is more than fair for them to relocate. In this case, a railroad yard on land that was probably given to the railroad yard or sold to them for next to nothing, I think it's the right move.

Re: NY's Highest Court Approves Brooklyn Development
« Reply #14 on: November 24, 2009, 10:57:45 PM »

Offline Brickowski

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It's not as though the owners of land taken by eminent domain don't get paid for it.  They get fair market value.

Not always.

But even so "fair market value" is something to be determined by buyer and seller. Not anyone else. If a seller is unwilling to sell at a certain price then that price isn't fair market value. They may get similar market value to other similar places, but that doesn't mean it's "fair market value". Property isn't like a stock or a commodity. This is the direct problem here.

Well, there's usually a statutory appraisal procedure.  Sometimes the appraisers don't get it right, but usually they do.  

No, land isn't fungible, but that's just a legal fiction. Economically speaking, one 1/4 acre building lot is worth about the same as another lot located in the same development.