ALBANY, N.Y. — New York’s top court is set to consider whether the state had the authority to condemn property and force its sale to a developer as part of the Atlantic Yards project, which includes a new arena in Brooklyn for the New Jersey Nets basketball team.
The Court of Appeals will hear oral arguments Wednesday. Developer Bruce Ratner’s proposed $4.9 billion, 22-acre project also includes office towers and apartments, funded in part with $600 million in tax-exempt bonds to be sold by a Dec. 31 deadline.
Some businesses and homeowners are challenging the Empire State Development Corp.’s power to force them out, saying the state constitution authorizes eminent domain for public uses, not enriching others.
Lower courts have upheld the project.