Oh But You Should Have Seen This Neighborhood Before The Condo Conversions, Or Blight, Like Obscenity, Really Turns Some People On

The big question facing proponents of the Atlantic Yards project is how to convince people that an area with million-dollar homes can be “blighted”:

Of all the real estate jargon, bureaucratic buzzwords and plain old insults exchanged over the proposed Atlantic Yards project in Brooklyn, no term has evoked quite such unruly passion as “blighted.”

During the last two years, the word has hung like a scythe over the 22-acre site, most of it on the northern edge of the Prospect Heights neighborhood, where the developer, Forest City Ratner Companies, hopes to build its $4.2 billion project.

For the developer, it is a fitting description of the abandoned auto-repair shops, collapsing brownstones and gloomy vacant lots that blemish the area, and of the eight-acre railyards that slice through the neighborhood just south of Atlantic Avenue. For many of the several hundred people who still live there, “blighted” is a term of abuse, one that ignores the sleek, recently renovated buildings on Pacific and Dean Streets, the bustling neighborhood bar, and other signs of revival. Even some supporters of the project, like Assemblyman Roger L. Green, disagree with the description.

“That neighborhood is not blighted,” Mr. Green, whose district includes the Atlantic Yards site, said at a hearing last year. “I repeat, for the record, that neighborhood is not blighted.”

The long-running blight debate took a major turn in favor of Forest City Ratner last week, when the Empire State Development Corporation, the state’s lead economic agency, formally declared the project site blighted. It was the first step in a process that could eventually allow Forest City to acquire, through eminent domain, the few remaining parcels that the company has not been able to acquire privately over the last few years.

But for all the freight the word carries around Prospect Heights these days, “blighted” is a word with no fixed definition, legal or colloquial.

It is not unlike Supreme Court Justice Potter Stewart’s famous remark about pornography — “I know it when I see it” — said Joseph M. Ryan, a land-use lawyer who has consulted for the development corporation before but has no involvement with the Atlantic Yards project. “Usually it’s a high crime rate, debilitated buildings. Often you’ll have pollution, or inadequate usage of land.”

Under past court rulings, for example, an area can be declared blighted even if particular parcels within it are not. Similarly, a given plot of land can be declared “underutilized” if what is built there is smaller or shorter than zoning laws would otherwise allow, even if the building in question is not dilapidated. Moreover, it is largely up to government officials to decide how prevalent a condition must be — how much crime, for instance — in order to label an area as blighted.

“There are no hard and fast rules regarding blight,” said Jessica Copen, a spokeswoman for the development corporation. “There’s a large area of subjectivity in evaluating the indicia of blight.”