At least we don’t have New York’s or Connecticut’s problem.  The New Jersey Nets and associated developers have apparently won the right to take someone else’s property for their own use.  Yes, it has to pass through the hands of the State of New York first.  But the State Supreme Court has rules that New York can declare Atlantic Yards blighted, pay off the owners at some price the state determines, and turn the land over to developers for a new arena for the New Jersey Nets, as part of a mixed-use commercial and residential development.  (That prize of a franchise, by the way, has opened the season 0-153.)

Remarkably, the Court declared that this was an act of judicial restraint, arguing that it was bound by the definition of “blight,” which was completely under the control of the legislature.  As with the property in Kelo, the development may not even go forward because of financing.  Some parts of the project have already been delayed or canceled because of the economy.  The bonds must be issued quickly in order to qualify for certain tax breaks.  The article is silent on whether or not the property will be condemned and transferred before the necessary development bonds are issued.

I have no particular opinion on whether the development would be good or bad for Brooklyn.  Certainly, it’s better to finance this sort of thing privately rather than publicly.  The history of sports arenas and their surrounding neighborhoods is mixed, with football stadiums being about the worst, and shared basketball-hockey arenas doing the best.  Coors Field helped revitalize Lodo here in Denver, and the MCI Center (now the Verizon Center) has been a boon for a truly blighted area, downtown Washington, DC.

What’s at issue here is the sanctity of personal property.  Aside from the ideological obscenity of taking your property to give it to someone else for their financial benefit, there’s the overall legal and investment environment that’s created when people don’t really own property that they believe they own.  That sort of uncertainty has got to limit people’s willingness to invest in their land.  And of course, it almost always results in a transfer of property from the less-well-connected to favored groups.

One footnote: this is the same property that the City of New York, in the person of Robert Moses, refused to use eminent domain for in order to build a new stadium for the Dodgers.

Here’s where you can find a map and  photos of the area.