First appraisal allegedly based on flawed calculation under City’s Zoning Resolution. Malba Cove Properties, Inc. had owned a 655,188- square-foot undeveloped parcel in College Point, Queens that the City acquired by eminent domain in 1996 as part of the City’s plan to develop a waterfront park.
With the trial on the property value set to start in mid-July 2006, Malba asked the court in late May for permission to file a revised appraisal that would … <Read More>
Easements for No. 7 line challenged. In October 2005, the MTA and the Planning Commission issued the final determination and findings, approving the extension of the No. 7 line from Times Square to 34th Street and Eleventh Avenue. The final determination approved the acquisition by eminent domain of property and easements and the related zoning for that property.
Five landowners, including Milstein Brothers 42nd Street and Mercedes-Benz Manhattan, filed petitions under the eminent domain law … <Read More>
Court considered local practice. To develop a 75-unit, low-income rental project, the City took title through eminent domain of property located at 1823 Madison Avenue, within the Milbank Frawley Circle East Urban Renewal Area. IM Gas Inc., the property owner, timely filed its notice of claim and an appraisal report, seeking compensation for the taking. When the City did not file its appraisal report within nine months after IM’s claim, IM moved for an order … <Read More>
Community Board 9 and Columbia University presented different rezoning plans for Manhattanville. At the Planning Commission’s review session on October 1 7, 2005, the Commission determined that Manhattan Community Board 9’s independent 1 97-a plan for the future rezoning and development of Manhattanville met threshold standards. The plan culminated over 12 years of work by the Board. Under the City Charter and Rules, before environmental review of the 1 97-a plan can commence, the Commission … <Read More>
Owner challenged the necessity of taking entire property. DEP applied to the Planning Commission to acquire a 12,500-squarefoot unimproved property used as a parking lot on Grand Street between Crosby and Lafayette Streets for the construction and maintenance of Shaft 30B of the Third Water Tunnel. After its construction, DEP proposed to use the lot as public open space. Following a public hearing, the Commission approved in April 2004.
In November 2004, the City filed … <Read More>
City sought to acquire West Bushwick properties in phases. In 2001, the West Bushwick Urban Renewal Plan was approved by the Planning Commission, the City Council and the Mayor. In April 2003 the City began condemnation proceedings for phase one, filing a petition to acquire one lot. In October of 2004, the City began phase two, filing to acquire 18 lots. Owners of the lots challenged the petition, claiming that the City failed to follow … <Read More>