As many of you already know, there is a filing deadline of September 1st for property owners on the Atlantic Yards Project who wish to pursue an additional damages claim.

New York Eminent Domain Law states that a property owner has 2 years to file a claim for additional damages if a property owner signs the offer for advanced payment.  However, a court order was issued requiring claimants for the Atlantic Yards project to file their claim by September 1st, 2010.

If you signed the offer for advanced payment, or if you have yet to receive an offer and wish to pursue an additional damages claim, we advise you act quickly.

Please address your questions to Dan Biersdorf at 866.339.7242.

One of the most controversial eminent domain cases over the past few years has been Forest City Ratner’s planned $4.9 billion Atlantic Yards project in Brooklyn, New York.

Photo by Chang W. Lee/The New York Times

The project required the acquisition of a significant amount of property nestled within the 22 acre Prospect Park neighborhood in order to build a new basketball arena for the New York Nets, and to construct high-rise apartment buildings.  Of the approximately 6,340 housing units to be constructed, approximately 30% will be market rate condominiums and 70% will be rental apartments, half of which will serve middle to lower income residents.

Although a significant amount of property was acquired through negotiations, the real controversy arose when the Empire State Development Corporation used its power of eminent domain to acquire the remaining parcels.  Numerous property owners challenged the state’s right to acquire their property through eminent domain, taking their case to the highest state court, the New York State Court of Appeals.  Unfortunately, the court sided on behalf of the government and the property was in turn acquired through eminent domain and sold to Forest City Ratner Corp.

On the surface, it looks like the case is complete, with the exception of a lawsuit concerning air rights.  However, for those property owners undergoing eminent domain, their battle to recover fair and just compensation is just beginning.

Biersdorf & Associates is currently representing a significant property owner still not acquired for this project.  The battle that this property owner will eventually face, as well as many others, is obtaining additional compensation beyond what the state has thus offered.  The eminent domain process in the state of New York involves either property owners accepting a final settlement with the acquiring authority or accepting the offer for advanced payment. If the property owner elects to sign the final settlement documents, they waive their right to file a claim for additional damages.  Property owners who choose the advanced payment option can within three years after service of notice of acquisition or vesting file a claim for additional damages with the courts.  While the Atlantic Yards project is likely to move forward, the work to ensure owners receive fair compensation from the taking of their property will continue for some time.

If you are interested in following the latest developments of this project Atlantic Yards Report is a great place to start.  Learn more about the eminent domain process in New York on our New York Eminent Domain Process page and how attorney fees may be recovered on our New York Attorney Fee Recovery page.

New York’s highest court ruled last Tuesday that the state can seize private property for the 22-acre highly controversial Atlantic Yards development.

The Court of Appeals ruled 6 to 1 that the state could exercise eminent domain for claiming businesses, public property and private homes for economic development. The Court also stated that the Atlantic Yards project falls under the category of economic development, and also backed the state’s assessment that the area in question fits the legal definition of being blighted.

This ruling also reaffirmed that the state of New York’s effort to curb eminent domain has ceased to exist, even after the landmark case of Kelo v. City of New London in 2005. Since then, several other states have seen significant legislative reform.

Construction work is already underway at portions of the site for the project, and the developer anticipates that it will take more than two years to build the arena and move the NJ Nets to Brooklyn. They are hoping the move takes place in 2012.

To read the court’s full decision, click here. Below is a photo courtesy of the NY Times, which gives a layout for the project. Click here to read a full story from the NY Times.

The Atlantic Yards project was hit with yet another lawsuit last Monday. The suit was brought on by Develop Don’t Destroy Brooklyn (DDDB), a local grassroots organization, along with 20 other community groups.

The suit alleges that that Empire State Development Corp (ESDC) illegally pushed the project forward so tax exempt arena bonds could be used by the end of the year deadline.

While many state that the eminent domain lawsuit is the only one that could prevent this project from moving forward, DDDB claims this suit could terminate the project permanently.

For more info on the lawsuit, read Atlantic Yard Doomed? posted on the Atlantic Yards Report.

The first hearing in the eminent domain appeals case for the Atlantic Yards Project was heard today by the New York Court of Appeals, New York’s highest court.

The case, which has been ongoing for the past three years, was brought by a group of property owners who owned property on the site of the proposed basketball arena and apartment development.

Originally, the owners contended that the state of New York exceeded its constitutional authority in condemning their property for the project. The appellate court sided with the state last May; however the Court of Appeals agreed to hear the case just months later, which suggests that the case raised questions about the limits of state power in economic development that haven’t been answered.

Lawyers for the Empire State Development Corporation, the state authority sponsoring the project, argued that eminent domain was indeed necessary to promote economic development in the area, saying that the site that was chosen met the definition of a “blighted” area.

Lawyers representing the homeowners argue that deeming the area “blighted” was merely a justification for planning and development for the project.

Yesterday’s one-hour hearing consisted of questioning from several judges over what limits the state faced when it sought to condemn private property.

Some of the questions suggested, however, that the judges believed that the rights of the owners had not received enough consideration from state officials. The hearing will determine whether the Empire State Development Corp has the authority to condemn property and force owners to sell to Forest City Ratner Corp.

Last Wednesday, Bruce Ratner unveiled the new design for the hopeful 18,000-seat basketball arena for the Nets, to be located near Downtown Brooklyn.

Ratner will be attempting to raise $700 million in tax-exempt financing for the development if plans are approved next week by the Empire State Development Corporation.  If this financing is approved, it will be held in escrow until the Court of Appeals issues their decision on the case, which will be heard later this year.

Click here to view photos of the new proposed arena, featured from the NY Times.

The New York State Court of Appeals, the highest court in the state, has announced that it will hear the Atlantic Yards eminent domain case, Goldstein et al. v. N.Y.  State Urban Development Corporation, in October 2009.

The nine property owners challenging the targeted seizure argue that the use of eminent domain for the project violates New York State Constitution. The original case was filed by the affected property owners back in August 2008 in the Appellate Division, as required by New York State eminent domain law. The Appellate Division ruled on May 15.

Click here to read more a more detailed description of the Court’s acceptance to hear the case.

The Atlantic Yards developer confirmed last week that Frank Gehry is off the project, due to major budget cuts.

After Gehry’s departure, the budget of the project was lowered from $1 billion to about $200 million.

“The current economic climate is not right for this design,” said Bruce Ratner, the chief executive of Forest City Ratner. Gehry’s design for the project, at one point, consisted of 17 buildings, pictured below.

The read the full story from The Globe and Mail, click here. Photo is courtesy of The Globe and Mail.

Last week, owners and tenants filed a Notice of Appeal to the Court of Appeals on Constitutional Grounds in the state of New York, challenging the state’s effort to seize their properties by eminent domain for Bruce Ratner’s Atlantic Yards development plan.

To view the Notice of Appeal and more information regarding the project, click here.

The New York Senate facilitated a “fact finding” hearing for the controversial Atlantic Yards project last Friday.

At the meeting, among much chaos and disagreements between proponents and opposers of the project, officials confirmed that the project would be smaller than anticipated.

Due to the impact the bad economy has had on development projects, developer Bruce Ratner has announced the $950 million project will be scaled back to $800 million.

Most of the design changes will be made to the project’s centerpiece, the Barclays Center Coliseum, which will have less amenities such as luxury boxes.

Despite Ratner’s recent press release comments, the meeting also revealed that no construction dates or schedule have been set.

For more details, please refer to the original story here.