The Great Basketball Swindle

A riveting new documentary takes on New York's shameful eminent domain abuse

In December 2003, Bruce Ratner, a real estate tycoon and part-owner of the New Jersey Nets basketball team, held a press conference in New York City to announce his latest project, a 22-acre “urban utopia” called the Atlantic Yards. The idea was to transform downtown Brooklyn by erecting 16 office and residential skyscrapers, a luxury 180-room hotel, and a fancy new arena for the Nets. Standing by Ratner’s side that day was the architect Frank Gehry, who told the press he was particularly excited “to build a whole neighborhood practically from scratch.”

It was a revealing statement. After all, the Atlantic Yards wasn’t going to be built on top of a blank slate. More than half of those 22-acres were privately-owned, with the properties ranging from small businesses and modest brownstone apartment buildings to luxury condominiums that sold for $500,000 or more. To build the Atlantic Yards from scratch meant you had to first wipe part of an existing neighborhood off the map.

Which is precisely what Ratner set out to do—only he didn’t go about it the old-fashioned way, by contacting each property owner and making them a handsome cash offer. Instead Ratner turned to his powerful friends in the government, including his old Columbia law school buddy Gov. George Pataki, New York Mayor Michael Bloomberg, and Brooklyn Borough President Marty Markowitz, a buffoonish figure eager to prattle on about how the Atlantic Yards would make up for the loss of the Brooklyn Dodgers. But most importantly, Ratner reached out to New York’s Empire State Development Corporation (ESDC), the secretive state agency with the power to seize private property via eminent domain.

The depressing and infuriating story of what happened next is the subject of Michael Galinsky and Suki Hawley’s riveting new documentary Battle for Brooklyn, which tells the story of the Atlantic Yards land grab largely through the eyes of property owner Daniel Goldstein, who spent seven long years trying and failing to save his home from Ratner’s state-sanctioned bulldozers.

Drawn from hundreds of hours of footage shot over the entire seven year saga that began with Ratner's 2003 press conference and ended with the razing of the building containing Goldstein’s condo, Battle for Brooklyn gives audiences the rare opportunity to watch a massive government swindle unfold before their eyes.

As the film makes clear, this was a textbook case of eminent domain abuse. Ratner wasn’t building a bridge or a tunnel or anything else that might conceivably be described as a “public use” under the state constitution. It was a money-making deal orchestrated by a powerful real estate developer. And New York officials backed him every step of the way.

For its part, the ESDC conveniently declared the proposed Atlantic Yards site to be “blighted,” despite all evidence to the contrary. Never mind that Goldstein spent five years hunting for what he thought was going to be his dream home—the ESDC counted minor things like “weeds,” “graffiti,” and “underutilization” as examples of this so-called blight. Under those flimsy standards any property in the city could be seized and bulldozed.

And that wasn’t even the worst of it. In a particularly noxious example of crony capitalism, the Metropolitan Transit Authority (MTA), the powerful agency that runs New York City’s subways, buses, and commuter trains, struck a secret deal to sell Ratner a crucial piece of real estate—an 8-acre train yard—that lay at the center of the Atlantic Yards footprint, without first opening up the property for competitive bidding.

In response to the negative media attention generated by Goldstein and the activist group he helped found, Develop Don’t Destroy Brooklyn, the MTA announced in 2005 that it would entertain competitive bids after all, but only if those offers were submitted within a mere 42 days. Ratner’s detailed plans had of course been in the works for years at that point, while his would-be competitors had to scramble to make the deadline.

Yet the real estate firm Extell did file on time, submitting a $150 million bid for the property. Ratner then countered with a lowball offer of just $50 million and still won the rights. That figure was later negotiated to $100 million, which was still significantly less than Extell’s bid. Then in June 2009 the MTA bailed Ratner out once again, allowing him to pay a measly $20 million up front, with the remaining sum due over the next 22 years. As the film points out, this sweetheart deal went down at the same time the MTA was pleading poverty and raising the price of bus and subway fares.

At its best, Battle for Brooklyn illustrates the scope of these mounting outrages while capturing Goldstein’s shock and anger as he slowly realizes that the deck is truly stacked against him. But since the film clocks in at a lean 93-minutes, several other significant aspects of the story were only briefly addressed or left on the cutting room floor.

One such weakness is Battle for Brooklyn’s treatment of the atrocious November 2009 decision by New York’s Court of Appeals—the state’s highest court—upholding the use of eminent domain. While there is a great scene showing Goldstein anxiously checking his computer for news of the ruling, the only real summary the audience receives is that “we lost.”

Unfortunately, that’s not the half of it. In its 6-1 ruling, the Court of Appeals actually admitted that the state’s blight determination might be bogus and then went ahead and upheld it anyway. “It may be that the bar has now been set too low—that what will now pass as ‘blight,’ as that expression has come to be understood and used by political appointees to public corporations relying upon studies paid for by developers, should not be permitted to constitute a predicate for the invasion of property rights and the razing of homes and businesses,” the majority declared. “But any such limitation upon the sovereign power of eminent domain as it has come to be defined in the urban renewal context is a matter for the Legislature, not the courts.”

So much for an independent tribunal of justice. Indeed, as Judge Robert Smith acidly remarked in his lone dissent, “It is hard to imagine any court saying that a decision about whether an utterance is constitutionally protected speech, or whether a search was unreasonable, or whether a school district has been guilty of racial discrimination, is not primarily a judicial exercise.”

In other words, property rights now had second-class status in New York’s highest court. Not only did the Court of Appeals rubber stamp this specific use of eminent domain, it basically announced that it would be rubber stamping future uses as well—which is precisely what the court did seven months later in Kaur v. Urban Development Corporation, where it approved the ESDC’s controversial West Harlem land grab on behalf of Columbia University.

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  • Sinic||

    Don't Be Swindle

  • ||

    this riveting film offers audiences the rare opportunity to watch a massive government swindle unfold before their eyes.

    Can we give our little buddy Tony a Clockwork Orange-style special showing?

  • ||

    He already licks boots and eschews the female form, so why bother?

  • ||

    Fuck you, joe.

  • ||

    “But any such limitation upon the sovereign power of eminent domain as it has come to be defined in the urban renewal context is a matter for the Legislature, not the courts.”

    I'm pretty sure the way to get the legislature to rewrite the rules is to strike down the existing law. But I'm not a legal scholar.

  • ||

    So basically the only way to limit the legislature's use of ED (directly or through the agencies it creates) is for the legislature to limit its own power.

  • Devil's Advocate||

    Pretty much. While Kelo justifiably caused an uproar about takings for economic development, abuses of the "blight" designation go on in many areas with little attention from the public. As noted, NY is one of the worst abusers of the blight designation (including cases where the developers allow their own properties in the area to become run down so that they can condemn more properties in that "blighted" area).

    The amount of federal protection for property owners against non-federal takings is also limited by convoluted procedural hurdles, meaning that the state courts and legislatures are the ones primarily responsible for protecting their residents. This means that ED law is basically driven by state constitutions and statutes, and the willingness of the state courts to enforce them. Such enforcement is possible, but it mostly happens in states where people don't take kindly to those who abuse property rights.


    Thats a pretty classic photo:

    The game is, "Who's Not The #1 Scumbag"?

    Answer: Jay-Z. Duh.

    I suppose there's probably 99 other simple jokes to make there.

    Like, "A Bitch Ain't____?"

  • ||

    Fucking unbelievable.

    "“If I had to do it all over again,” Goldstein declares early in the film, “I would do the exact same thing.” It’s heartening to hear him say so. Let’s hope Battle for Brooklyn inspires an army of future property rights activists. The people of New York are going to need their help."

    1) From what I've seen, the people of New York are the same shitheads that support this sort of statism in the first place -- they're in the California-type you-fucking-deserve-what-you-wished-for boat.

    2) "Let’s hope Battle for Brooklyn inspires an army of future property rights activists"? I've got a better idea -- how about we lynch the members of the Court of Appeals, burn the fucking Capitol to the ground with the legislators in session, and declare a reconstitution of government? Because from what I've seen, pussy-footing around and hoping that "politically legitimate" methods of recourse and redresses of grievances haven't done shit.

  • ||

    *... of grievances will make things right haven't done shit.


    1) From what I've seen, the people of New York are the same shitheads that support this sort of statism in the first place -- they're in the California-type you-fucking-deserve-what-you-wished-for boat.

    1) Fuck you
    2) California? Fuck you twice.
    3) ... Ok, you do kinda have a point.

    The basic rule is, you can only really bitch about NYC if you live here.

    Anyone can bitch about California. Duh.

  • Confucyoucius||

    Hate is easy. That's reason #7 why it's so hard to take libertarians seriously.

  • ||

    I lived in NYC for a short while, and I wasn't very impressed. But don't worry about feeling bad when somebody insults your hometown -- I'm Soviet-born, and I'm only too happy to shit all over my former "country of incarceration". Be bold! Be STRONG!

  • ||

    That was a response to Gilmore.

    Confucyoucius: Everybody hates something, so shitty little diatribes like "hate is easy" really don't personify libertarians, especially considering their passivity when compared to, say, liberal or faux-republican shitheads.


    Res Publica Americana|7.11.11 @
    I lived in NYC for a short while, and I wasn't very impressed

    Good. Thanks for trying. Next! (insert few million takers every year...)

    Its not about shitting on hometowns, really. Its that of all the crap I already gotta put up with - i gotta get it in the earhole from you guys as a cherry on top. yeah, we get it already. Least free place in America. Most expensive. Politicians that make Tammany Hall look beneficient by comparison. If the food sucked, I'd leave tomorrow.

    And some of you fuckers live in Sheboygen. More power to you. We all get what we pay for.

    I suppose I have something of an Alexander-Hamiliton-like chip on my shoulder. Yeah, it sucks, but its *my* suck, so go fuck yourself. but its not like I'm going to take a bullet over it.

  • Nelson Muntz||


  • ||

    Come to think of it, I'm living in a pretty statist-y hole right now, too. Fuck. It's expensive and sort of unfree, too. Wow. Depression like this really sucks. :(

  • Brett L||

    Tammany Hall was in NYC. Just 150 years ago. So, that one is just tradition.


    Dude, we who made the comparison are aware of the fact.

  • l0b0t||

    Tammany Hall (the actual building) is currently the headquarters of the NYC Board of Education.

  • Bill||

    Good food is hard to find in Florida, but it's not driving me to New York City anytime soon.

  • Almanian||

    GILMORE, does your butt hurt? Cause it sounds like your butt hurts.

    Fuck California. AND New York.

    That is all.

  • ||

    I live in Louisiana. Trust me, your food sucks.

  • l0b0t||

    Ahh... Old Swampy, home of welfare lobster mudbugs and burned overcooked blackened fish. I keed, I keed, I was forced to relocate to Brooklyn from NOLA, so I'm jealous.

  • Gilmore, via iPhone ||

    You are aware the dudes from jaques-imos have a joint in queens?

    They used to be @ 79th & Columbus. All you can eat mudbugs every Tuesday when they were in season. It was the only place in the city that did that. As noted in other comment.., it's true, the one @&$! ..thing you can't get around here is decent Cajun-creole food, southern food in general.

    How that makes NY different than most other places ...? Not really. We just catch extra shit.

  • Gilmore, via iPhone ||

    My bad. They've been closed for 2 yrs now

    Yeah, we suck

  • Rhywun||

    "1) From what I've seen, the people of New York are the same shitheads that support this sort of statism in the first place -- they're in the California-type you-fucking-deserve-what-you-wished-for boat."

    Hardly. This is classic corporate welfare. The only non-plutocrat New Yorkers supporting this plan are construction workers. It matters not at all what we think because no matter who we would put in office, this would have happened.

  • T||

    I need to go see a film to watch a government swindle unfold? Can't I just watch the news?

  • ||

    no, those are sound bites.

  • Just Ken||

    Screw New Yorkers. They elect and re-elect the very turds that do this stuff to 'em over and over again. They're getting the government that they want and deserve.



    So where do you live again?


    ""Reporting from the bottom of the smoking crater that is post-industrial Michigan""

    Ahh. Veritable Garden of Eden I see.

    Evil Dr. Klon says = "Send him to Detroit!"


    I also note the first article on your blog discusses Kwame Kilpatrick.

    A vastly superior politician, indeed.


    Sorry, I have to follow up with the link, re: "Take him to Detroit!" -

    That movie really doesnt ever get less funny.

  • ||

    You're retarded. NYC is the shit hole mecca of America.

    The subways smell like piss. Crazies roam the street like an epic Hollywood zombie flick.

    7,900,000 of the 8 million who live there sound exactly what you would expect from the 99-powered IQs they possess when they speak:

    "Yo Vinnie. Fuggettaboutit. You know what I'm saying. Get da fuck outta heyah."

    The outer boroughs harbor overpaid, underworked unionized scumbags.

    The reputation as a foodie city is most undeserving, basically a bullshit story built around a few extremely high-priced eateries in Manhattan that cater to celebs, socialites, foreign royalty and Russian mobsters. Nearly all New Yorkers never have step foot inside any of these restaurants.

    Financially, the city would fold if not for an intense transfer program of taxation heavily levied on those living upstate New York.

    Easily, New York is the most overhyped cities in the U.S.A. and among one of the most overhyped anywhere on Earth.

    Oh and the weather is shittier than an Alphabet City drunks shit-filled pants. It gets instantly humid from late April through September. While October days might be acceptable, the nights begin to get cold and then you get rain followed by snow all the way through March.

    The rainiest month in NYC happens to be August and the second rainiest month is December.

    Historically, NYC has a magnet for immigrant scum, Irish Catholics, Italian Catholics, Polish Catholics, who came to America begging and became the backbone of the progressive socialist welfare take over of America, destroying the great, free country that English and Dutch Protestants forged.

    So, shove your unfounded, retarded NYC cheerleading up your moronic ass.

  • Almanian||

    I dunno - my sister lived in Manhattan for, like, 15 years. LUVed it.

    Me? Not so much.

    But people who love NY are like people who love...anywhere they live. THEY REALLY LOVE IT! Still - fuck New York with Max's dick.

  • ||

    Typically, female non-native NY'kers love the city because they romanticize about the gay lifestyle, even if they're not gay, and the fag hags.

    NYC attracts females who want not necessarily to live like a slut, but who want to get fucked occasionally by the stranger who picks them up at a club.

    Being in the city lets them not feel guilty about it and shields them from any gossip that they would have experienced in their hometowns.

  • Gilmore, via iPhone ||

    So, what you're saying is, "your sister is a dumb slut"

    I'd love to take you out for a beer sometime. You're a real charmer.


    Almanian|7.11.11 @ 5:39PM|#

    But people who love NY are like people who love...anywhere they live.

    I'd think about it this way...

    I might actually hate freaking NYC. Thats not the point. The point is, it's like owning a dog for 15 years. Say the dog is a really shitty dog. Sheds, bites, digs up your roses, farts at the dinner table. Threatens small children and makes them cry. Untrainable.

    You hate the goddamn dog. You kind of wish the dog would get hit by a car so you can start over.

    But then the neighbor complains about your dog. Sanctimonious son of a bitch. And you know what? In that moment, you will be like, "Shut the fuck up. It's my dog" It's not a good dog, but its your dog, and dammit if anyone else has any right to an opinion about it. You'll defend that dog to the death, not because you love it, but because *it's your dog*. And as shitty as it is, it's your job to defend it.

    Fucking mutt.

    Hope that makes more sense.

  • Almanian||

    Whoops - overlooked this initially. Herc, is that you? [EMPIRE], byatchez! Also, GROUNDZEROMOSQUEZOMFGKOCHSPIRACYTEHJOOSNOWAIT!!!won!!1!

    Historically, NYC has a magnet for immigrant scum, Irish Catholics, Italian Catholics, Polish Catholics, who came to America begging and became the backbone of the progressive socialist welfare take over of America, destroying the great, free country that English and Dutch Protestants forged.

  • Evil Sith Galactic Emperor||

    .... Give in to your anger! With each passing moment you make yourself more my servant!


    Sis, boom, bah.

    """....And dont get me started on Teh Catholics!!"""

    Jesus buddy, tell us how you really feel? The only thing missing here was a burning cross and some John-Rocker*-plagiarizing.

    And I'm very happy to hear the bagels in Peoria have improved so greatly.

    (oh, never even occurred to me.... So what's your position on 'all the Jews' and stuff?)

    I'm going to guess you're one of those people who can wax rhapsodic about the relative merits of Quiznos vs Subway, so we'll leave your whole characterization of The Food Elitism of NY aside for the mo...

    [I have heard tourists complain that most delis don't have proper menus. How are they supposed to know what to order?... :)]

    To each their own I suppose.

    Suthern boy is certainly right... As the child of a country girl from the carolinas, I appreciate the real shit. But "sucks"? Eh. All I know is I have way more choices within a few blocks than most people have within reasonable driving distance. And Good Stuff, too.

    Here's a sampling of a few personal faves

    Expensive-ish, but hey. You get what you pay for. Pity the poor.

    .... oh, and a few more

    Thats in like a half-mile radius, btw.

    This one is pretty cute,

    Very good fresh fish. Reasonable. I like the snapper fried with the coconut/lime sauce. Or the Lobster Pappardelle. With a side of Blood of Protestant children.... whoops!

  • l0b0t||

    We went to Aqua Santa for the 1st time a couple of weeks ago. It was dynamite.


    Did you notice the owner has a thing for really nice Red Cars? There's always a '60-something mustang, and a new Ferrari parked outside...both red, mint.... that garden is the bomb too. One of the better outdoor eating spaces in the hood.

  • Jay-Z||

    Where you're from isn't big enough to name-drop


    Wow, you really couldn't hire a hooker when you were here could you? You are a sad fucked up human. Where do you live? A hole?
    Of this pathetic rant, your weather description is more fucking stupid than it is fucking hilariously wrong. You could be our next weather person. idiot

  • emperor wears no clotehs||

    Fuck you, you Thanksgiving-celebrating, Martin Luther King fellating, King Henry 8 bag-licking Orangeman.
    It wasn't Catholics who burned witches at Salem, subjugated blacks to you could have cheap cotton exports, or genocided Indians.
    So go fuck yourself.

  • emperor wears no clotehs||

    That was for Al Whitehood's shtick about CAtholics, BTW.

  • ||

    Until you've lived in the UK? Your bitching about the weather is weak.

  • Confucyoucius||

    They're getting the government that they want and deserve.

    And that's how a republic works, Charlie Brown.

  • Scruffy Nerfherder||

    That's how a democracy works.

  • ||

    I seriously doubt the people who got screwed by this are numerous enough to make a difference in any election.

    That's why we have this thing called constitutional rights the protection of which is not supposed to be deferred to the legislature, as the courts have claimed it should be.

  • Devil's Advocate||

    The problem is that the power of eminent domain is pretty much considered to be inherent in the establishment of a sovereign government. It is therefore up to the state and federal constitutions and statutes to place limits on that power, and that is where many states have fallen down on the job. The voters needs to demand better protections, preferably at the state constitutional level.

  • l0b0t||

    Looking forward to the film. I don't know if the film touches on this but the neighborhood the stadium is rapidly growing in is getting screwed by the mayor on multiple fronts. With a fancy new stadium expected to bring in a tremendous amount of new traffic, the city DOT is taking the opportunity to reduce, REDUCE, the usable roadspace. All of the formerly 2 lane roads that connect Atlantic Av. to Eastern Parkway have been reduced to single lane roads with fancy concrete planters for medians and other "traffic calming" measures (new speedbumps, reduced speed limits, and no honking signs are popping up all over). Fuck Bloomberg, fuck Ratner, fuck basketball, and fuck the People's Republic of Brooklyn.

  • ||

    Let's infiltrate the Texan governorship and secede.

  • ||

    Huge movement for that, as much as most media outlets and blogs try to claim there's not. In the DFW metro area, I see at least 2 or 3 "secede" stickers a day, and I don't drive much. Unfortunately, the recession in the rest of the country has brought in droves of New Yorkers and Californians who brought their shitty voting habits with them, so I doubt we'll be seeing any real progress with the secession movement.

  • ||

    There's actually a small secessionist movement in North Carolina (close to where I live), believe it or not. And they're all Ron Paul supporters, pretty much, not shithead neoconservatives. I wish there were more of them.

  • ||

    Same here. A 'Free Stater' project would be helluva lot more effective for this kind of movement.

  • ||

    Fun fact: as far as I could tell, about half of the people that participate in their get-togethers (at least the two I've attended to check it out) have been non-white, and most of those black. Constitutionalists are racist!!!

  • ||

    The Free State Project morons picked a crappy state with New Hampshire.

    No one wants to move to New Hampshire and suffer through a crappy climate. There is not enough coastline as well.

    South Carolina would have been a far better choice as fierce independence runs in the mythological beliefs of the people.

  • Gilmore, via iPhone ||

    The mythology isn't real heavy on like, slavery and stuff, fortunately...

    Damn Yankees

  • Rhywun||

    Dude, you obviously don't know the area. Nobody whose last name isn't Bloomberg or Ratner is going to arrive at this thing via any means other than train. The "tremendous amount of new traffic" sounds ominous but it's simply not true. Please stick to the million more valid reasons to oppose it.

  • Daniel Goldstein||

    Then why are the building a 1,100 parking spots. 60% of knicks game attendees go by car on the weekend. if people will drive to MSG, a transit hub, they'll definitely drive to the Eminent Domain Arena.

  • Rhywun||

    Please cite this 60% figure - I find it extremely hard to believe.

    As for the 1,100 parking spots - for all I know they might be required by zoning. Or by VIPs.

  • Daniel Goldstein||

    no, not required by zoning, 60% figure is from NY Times, look it up.

  • l0b0t||

    I do know the area, thank you (I live there) and I assure you it is full of motor vehicle traffic already. Now that the lanes have been reduced, my 5 minute drive to Steiner Studios (.75 miles) has been turned into a 45 minute nightmare of honking, shaking my fist, and shrieking obscenities at other drivers.

  • Devil's Advocate||

    A New Yorker honking, shaking his fist, and shrieking obscenities at other drivers? I did not see that coming.

  • l0b0t||

    LOL... Funny thing is, I never got so angry behind the wheel until I moved to the People's Republic of Brooklyn. Must be the water. 2 nights ago, we got to witness a car run a red light to turn the wrong way down a one-way street, forcing oncoming traffic off of the road. I hollered at the beat cop on the corner to call it in (thinking the driver must be drunk) but the cop told me not to worry, because the driver (who ran a red light and drove the wrong way down the one-way street) was ANOTHER FUCKING COP!!

  • ||

    the film is currently running at the Brooklyn Heights Cinema nightly at 7:15
    70 Henry ST.

  • Fist of Etiquette||

    Hey, there's a video on page 2! Will you look at that?

    Obviously this would be wrong even if Freddy's Bar was total shite.

  • Daniel Goldstein||

    You can find out where and when the film is screening at:

  • Devil's Advocate||

    Another thing I like about eminent domain issues (aside from the David v. Goliath nature of them) is the coalitions that it produces. Just like school choice, it often aligns the interests of "right-leaning" (for lack of a better term) advocates of limited government with some "left-leaning" people who seek to protect the little guy against abuse from the rich and powerful. For example, the directors of this movie are pretty liberal and not your typical property rights advocates, but when presented with such an obvious case of eminent domain abuse, they were willing to shine a light on NY's shady activities.

  • Otto||

    Awesome way to get a team that hasn't won a final since they had Dr. J and were in the ABA.

    Get down!

  • Just Ken||

    Unlike NYers we put our crooked pols in jail, not give them CNN TV shows or re-elect them. Just sayin'.

    And who's rule is it that only NYers can criticize NY?

  • Gilmore, via iPhone ||

    I think it was Dewitt Clinton. Or Vito Corleone, I forget. Either way, stick with ann arbor. You have enough shit on your plate to keep you busy I'm sure.

  • fake Tony||

    Will someone tell those tea-bagger fascist supporters to get back to work and pay their taxes? Because that land was taken from Indians 100 years ago or something, THEY HAVE NO RIGHT TO IT!!!

  • ChrisO||

    Yeah, but think of all that great Nets basketball Brooklynites will get to see. It was clearly a sacrifice for the greater good.

  • Almanian||

    Also, what ChrisO said. Go Nets, bitchez!

    The Clippers of the East...

  • scary||

    libertarians be scaring me some big time

  • Anonymous Biotch||

    In the great state of Minnesota, Vikings owners (and thieves) Zygi and Mark Wilf are working with the legislators (and thieves) in the State legislature to raise sales taxes in a county without a required referendum. Sons of bitches.

  • ||

    Great article write up on eminent domain abuse and property owners. We featured it on our blog here:

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