The New York Post brings the news that the most recent SEC filing by the [re]developers of the notorious Atlantic Yards project in Brooklyn, indicates that it may not be built, save only the Nets’ stadium. See Rich Calder, NBA Deal Is ‘Net’ Loss for B’klyn, N.Y. Post, April 4, 2011. According to the Post, there is enough hedging in that SEC report to make it clear that the touted project may never be built. So stay tuned on that one. For the entire Post story go to http://www.nypost.com/p/news/local/brooklyn/nba_deal_is_net_loss_for_klyn_0jQTL97MrYcvmOMqct4TOK
For a discussion of the law that permits the taking by eminent domain of private property for asserted public uses that never materialize, see our article, Gideon Kanner, We Don’t Have to Follow Any Stinkin’ Planning — Sorry About That, Justice Stevens, 39 Urban Lawyer 529 (2007).