Physical Address
304 North Cardinal St.
Dorchester Center, MA 02124
Using eminent domain to blight neighborhoods
by Stephen Smith The Weekly Standard has a comprehensive and compelling piece of investigative reporting on Columbia University’s attempt to acquire 17 acres in the heart of the Manhattanville section, north of its Morningside campus. The tale is a classic example of eminent domain abuse – the university worked hand-in-glove with the government to designate the area as blighted and eligible for eminent domain action, and the university’s lawyers pushed the limits of rational argument so far and yet look like they’ll probably come out on top. But perhaps more importantly in this process of acquiring the necessary Manhattanville land on which to build its gleaming new Campus upon a Hill (and under which to build a mammoth garage complex) is not the explicit use of eminent domain, but rather the threat of the land being taken by force. Whereas Columbia’s initial land acquisitions before the expansion plans were made public were probably not made under duress, as time went on, Columbia’s plans became known, and, as a holdout landlord’s leasing agent put it: “At some point along the line, with all of these concerns, the knowledge that Columbia University can or will invoke eminent domain has caused [ground floor retail renters] to seek out alternative space arrangements.” This is a phenomenon that affects all negotiations with the government and big institutions like Columbia – and, post–Kelo, even private buyers – and which makes it very difficult to be sure that the owner didn’t sell for less than they’d have liked (or, indeed, might not have wanted to sell at any price). As it is, the land that Columbia has already acquired – 70% of what it wants – is largely vacant and most definitely more “blighted” than the land it wants to buy, however the relevant (and irrelevant) acronymed […]
