PLEA TO MAYOR AND COMMON COUNCIL–EMINENT DOMAIN SHOULD NOT BE USED TO TAKE HATHAWAY LANE

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WPCNR THE LETTER TICKER. JUNE 24, 2015:

Dear Mayor Roach and Honorable Members of the Common Council:

Attached is the link to a thoughtful article regarding the negative impacts of government authorities taking property for the exclusive benefit of private developers.

http://reason.com/blog/2015/06/23/the-kelo-debacle-turns-10

The article discusses the harmful US Supreme Court decision in Kelo v. City of New London, and the dangerous ruling of the New York Court of Appeals in the Columbia University case that FASNY has improperly cited as precedent for closing Hathaway Lane.

To be clear, the law of eminent domain does not apply to the proposed demapping of Hathaway Lane, as we have demonstrated in several letters to you. Nonetheless, the adverse impacts of eminent domain discussed in this article are substantially the same as depriving the public of the use of this important street.

We believe that is ironic that you will be voting on the FASNY application at the ten-year anniversary of the Kelo decision. As the author points out, it is remarkable when political figures as diverse as Democratic Rep. Maxine Waters of California and radio host Rush Limbaugh agree on anything!

In sum, FASNY is improperly relying upon eminent domain principles to justify its proposals. But when a developer relies upon the wrong doctrine that in and itself is harmful and destructive, does this not show that something is radically wrong with this development?

Joseph and Denise DeMarzo
White Plains, New York 10605

http://reason.com/blog/2015/06/23/the-kelo-debacle-turns-10

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