Not in My Atlantic Yards: Examining Netroots’ Role in Eminent Domain Reform

Abstract

This Note uses the Atlantic Yards project as a case study in post-Kelo use of eminent domain. Part I will outline the role of Kelo in reshaping the debate around eminent domain. Part II will examine the history and controversy surrounding Atlantic Yards and illustrate how, despite significant Internet-facilitated community activism, the absence of a legal mechanism prevented landowners from affecting any change in the outcome of Forest City Ratner's $4.9 billion commercial and residential development plan in Brooklyn, New York. Finally, Part III will look at traditional methods for public forums in land use and propose a new format to elicit and accommodate public participation in land use decisions. It will argue that advances in technology and the proliferation of the Internet have increased community connectivity, involvement, and transparency and can be used to streamline the public-hearing process. Statutory reform that incorporates these advances can appease both sides of the eminent domain reform debate and create a more efficient and democratic system of land use.