Monthly Archives: November 2009

In a decision released today, New York’s highest court upholds 6-1 the use of eminent domain by the New York State urban Development Corporation d/b/a Empire State Development Corporation (“ESDC”) for the multi-use Atlantic Yards project in Brooklyn.

In Tuesday’s election, Texas voters overwhelmingly voted in favor of Proposition 11, a constitutional amendment limiting the state’s eminent domain powers. Prop 11 (H.J.R. 14, Article 1) limits the use of eminent domain for public use and specifically defines “public use” to specifically not include “the taking of private property for…transfer to a private entity for the purpose of economic development or enhancement of tax revenue purposes.” (See “Analyses of Proposed Constitutional Amendments”, the Texas Legislative Council, pps. 27, 57-60.)