In eminent domain case court ruled that appraisal could be based on assumption that variance would be granted. The City acquired title to a vacant M1-2 property, owned by Congregation Adas Yereim, through eminent domain. The property’s zoning allowed light manufacturing uses as-of-right, but prohibited residential uses. Prior to condemnation, Congregation had already begun the process of applying for a special permit and variance that would have allowed it to build a five-story school and … <Read More>
Search Results for: Eminent Domain
Ct. excludes tools from compensable trade fixtures
Court of Appeals reverses lower courts,finds that items may qualify as compensable trade fixtures when functional utility is reduced. After the City acquired title to Kaiser Woodcraft’s property through eminent domain, Kaiser’s appraiser valued compensable trade fixtures at about $577,000. The appraisal included several industrial woodworking tools, including a large table saw and several heavy duty hand tools. The City’s appraiser valued the compensable trade fixtures at $128,936, excluding many items on Kaiser’s list, noting … <Read More>
ESDC loses FOIL case on Columbia project’s files
Community groups gain access to withheld documents since Columbia University and ESDC hired same consultant. Columbia University hired AKRF, a prominent planning firm, to help gain agency approvals for its controversial expansion into Manhattanville. Two months later, the Empire State Development Corporation hired AKRF to conduct a blight study needed to determine if the use of eminent domain as part of Columbia’s plan was appropriate. Columbia paid AKRF’s consulting fees for preparing the blight study … <Read More>
Court affirms dismissal of Atlantic Yards challenge
Residents argued that the project’s public uses were illegitimate. The $4 billion Atlantic Yards project calls for an 18,000-seat arena for the Nets professional basketball team, a 180- room hotel, at least 16 high-rise apartment and office buildings, and eight acres of open space. The project site includes the Atlantic Terminal Urban Renewal Area, as well as surrounding areas developed by commercial and residential structures. The project calls for the Empire State Development Corporation to … <Read More>
Federal court challenge to Atlantic Yards dismissed
Residents failed to show that the project offered no public benefit. Brooklyn residents sued in federal court, challenging the state’s plan to use eminent domain to take their property as part of the Atlantic Yards project. The residents claimed that the project failed to meet a public purpose, and that the state was taking private property solely for the private benefit of Forest City Ratner Companies, the project’s developer.
Defendants, including the Empire State Development … <Read More>
Cemetery wins bridge easement over Parkway
City wanted to demolish bridges connecting both sides of Cypress Hills Cemetery. In the 1930s, under Robert Moses’ urging, the City obtained land from Cypress Hills Cemetery through eminent domain to build the Interboro Parkway, now renamed the Jackie Robinson Parkway. The City also built two bridges to allow passage between the cemetery parcels that had been divided by the Parkway.
repair the bridges, but noted that it was not legally responsible for any repairs … <Read More>