Stadium Development: Various Considerations in Undertaking New Projects and the Pivotal Role of Eminent Domain

Irwin Kishner and Dan Etna, co-chairs of Herrick’s Sports Law Group, and Jennifer Polovetsky chair of Herrick’s Eminent Domain Practice along with former partner Philip Sanchez, discuss the various considerations for new stadium developments and the critical role that eminent domain can play in the process. They discuss the most important issue in stadium development – determining the location of the stadium and acquiring the land for the development – and additional factors including environmental issues, transportation, community benefit agreements and population density. In areas of dense population, they discuss the pivotal role of eminent domain in acquiring land by allowing the government to take the property. The team also discusses one of the most notable recent examples of the use of eminent domain, the development of the Barclays Center in the heart of Brooklyn, and their personal experiences representing clients when this tool was used by the government.