I am pro-development and understand we need jobs and affordable housing.  However, what we have been seeing in Brooklyn in order to help development is immoral and appears may be unconstitutional.

Eminent domain and tax incentives were used to help the Atlantic Yards project here in Brooklyn. The Atlantic Yards project is beyond the scope of the definition for eminent domain.   Property has been improperly seized from citizens who took a chance on buying a home in an area with promise. Hard working citizens rebuilt those homes with their own money and sweat. Just when the neighborhood becomes popular and property values go up, the state declares the area “blighted” and wants to seize these homes proclaiming right of eminent domain.  The Atlantic Yards project is also beyond the scope of tax incentives and government subsidies.  I was pleased to learn recently that the homeowners that remain after the decimation of the neighborhood continue to fight to save their homes.  Although court after court has not wanted to take on the case, there is hope in preventing the unconstitutional development in this situation.  Article 18 and Section 6 of the New York State Constitution states:  “No loan, or subsidy shall be made by the state to aid any project unless such project is in conformity with a plan or undertaking for the clearance, replanning and reconstruction or rehabilitation of a substandard and unsanitary area or areas and for recreational and other facilities incidental or appurtenant thereto. The legislature may provide additional conditions to the making of such loans or subsidies consistent with the purposes of this article. The occupancy of any such project shall be restricted to persons of low income as defined by law and preference shall be given to persons who live or shall have lived in such area or areas (emphasis mine).” That section was put in during the depression.  It is meant to avoid just the situation that is presented to us today by the Atlantic Yards Project.  Certainly this time the New York State Supreme Court will hear this case based on the constitutionality of the project. 

I support tax incentives for developers.  I would encourage private development and encourage developers to work with the community to generate housing and jobs.  So although I am pro-development, I am not for the abuse of eminent domain and heartless, unfair development.