Skip to Content
Streetsblog New York City home
Streetsblog New York City home
Log In
Eminent Domain

Sotomayor’s Eminent Domain Stance: What Does It Mean for Cities?

Supreme Court nominee Sonia Sotomayor is dominating the conversation in Washington as analysts begin  to dig into her past rulings. And while she has yet to weigh in on abortion, the judge has spoken loud and clear on an issue of interest to livable streets advocates: eminent domain.

2009_04_soniasoto.jpgSupreme Court nominee Sonia Sotomayor (Photo: Gothamist)

As a judge on the Second Circuit Court of Appeals, Sotomayor ruled against property owners in Didden v. Village of Port Chester, a case that centered on plans for a CVS drug store in Westchester County.

Lawyer and blogger Ilya Somin, who urged the Supreme Court to consider the Didden case, has a thorough -- if undeniably subjective -- summary of the case here. In an unsigned judgment, Sotomayor's court ultimately allowed the Westchester developer to condemn the land belonging to plaintiff Didden and build a competing pharmacy, despite the questionable public-use benefit that would result from the taking.

During her confirmation hearing, Sotomayor is likely to get pointed questions on Didden from conservatives who were dismayed when the nation's highest court ruled in favor of eminent domain rights in 2005's Kelo v. New London. But should urbanites, and livable streets advocates in particular, also be concerned by the nominee's stance on takings of private property?

In theory, eminent domain can and should be used for beneficial purposes, such as transit expansion. Yet a recent push along those lines was halted by the Colorado state legislature last year, and proposed curbs on eminent domain are also imperiling the future of light rail in the Houston area.

On the flip side, local governments often take private property for new development projects, claiming that commercial and office buildings justify a standard of "public use" -- as was the case in Kelo and in Brooklyn's Atlantic Yards case, which was turned away by the Supreme Court last year. Another eminent domain case heard by Sotomayor's court, Brody v. Village of Port Chester, involved condemnation to build a Stop-'n-Shop supermarket parking lot.

Sotomayor's appeals court handed property owner William Brody a partial victory in 2005, ruling that his due process rights were violated but not requiring Port Chester to reverse the condemnation. In fact, the Brody opinion (available for download here) states that judges should not weigh in on the merits of taking land for "public use":

[T]he role of the courts in enforcing the constitutional limitations on eminent domain is one of patrolling the borders. That which falls within the boundaries of acceptability is not subject to review.

What do Streetsblog readers think about the Didden and Brody cases, and the role of eminent domain in community development?

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Money for Something: Funding OK’d, But Details Missing For ‘Dept. Of Sustainable Delivery’

The mayor got the Council to sign off on $6.1 million for the long-awaited “Department of Sustainable Delivery." But what's it mean? No one is talking.

July 1, 2025

Incoming Albany Mayor Could Help Safe Streets Movement Statewide

The state capital is built for the car and that is how it is experienced by our lawmakers. But could that change under a new mayor? Here's hoping.

July 1, 2025

Tuesday’s Headlines: Another Child Sacrificed to the SUV Edition

Stop de kindermoord! An 8-year-old boy killed by an SUV driver is the latest victim of America's obsession with big cars. Plus other news.

July 1, 2025

DOT Testimony: Removing Bedford Ave. Bike Lane Will ‘Reduce Safety’

"Removing the protected bike lane won’t remove cyclists — it will only make the street less safe," the DOT said. "The city risks legal liability for knowingly reducing safety on a Vision Zero priority corridor."

June 30, 2025

Hochul Signs Speed Camera Reauthorization, Enforcement Continues Through 2030

Stating a clear fact that scores of state legislators reject, Hochul said, "Speed cameras save lives and keep New Yorkers safe."

June 30, 2025

Cyclists Tell Judge Carolyn Walker-Diallo: The Bedford Ave. Bike Lane is a Lifesaver

A judge will decide the fate of the Bedford Avenue bike lane on Tuesday. Streetsblog offers some user affidavits.

June 30, 2025
See all posts