New arena building plan for the New Jersey Nets survived after New York's top court ruled Tuesday that the state can use eminent domain to force homeowners and businesses to sell their properties for a massive development in Brooklyn.

In a 6-1 ruling Tuesday, the Court of Appeals said the Empire State Development Corp.'s finding that the area was blighted was enough to justify taking the land.

A group of tenants and owners claim the seizure is unconstitutional. They argue that developer Bruce Ratner's proposed 4.9 billion dollars, 22-acre Atlantic Yards project mainly enriches private interests, while the state constitution requires public use for taking land.

Ratner's proposed development includes office towers, apartments and a new arena for the NBA's Nets. A key element in his plan is selling majority team ownership to Russian entrepreneur Mikhail Prokhorov.

In a prepared statement, Ratner said construction will continue, with the intent that the Nets will play ball there in the 2011-2012 season.

"Once again the courts have made it clear that this project represents a significant public benefit for the people of Brooklyn and the entire city," Ratner said.

"Our commitment to the entire project is as strong today as when we started six years ago."

The attorney for homeowners and tenants who declined to sell after the project was announced in 2003 said the fight isn't over. Matthew Brinckerhoff said his clients will oppose the ESDC when the urban development agency goes to court in Brooklyn in the second step of the process to take the properties.