Construction work on the Willis Avenue Bridge caused flooding on adjacent property. In March 2007, the City acquired by condemnation property adjacent to the property owned by 82 Willis, LLC. The condemnation was in connection with the City’s reconstruction of the Willis Avenue Bridge over the Harlem River.
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De Facto Taking Claim Fails
Owner claimed de facto taking when City installed storm drains that flooded land designated as a wetland. The firm 594 Associates, Inc. acquired vacant land on Staten Island in 1985. The land was designated freshwater wetlands or wetlands adjacent area, and therefore development was not permitted. On September 26, 2005, the City constructed a headwall on the property’s border with an adjacent street. The headwall contained an outlet for one of the adjacent street’s storm … <Read More>
Taking of Harlem Property Approved
Opponents claimed City missed three-year time period to initiate eminent domain proceedings. In June 2009, the City authorized the taking of ten parcels of land near East 125th Street by eminent domain. The takings were part of an urban renewal plan in an area known for African-American art, entertainment, and history. Some of the affected properties included a thirty-year-old auto business, a not-for-profit center, a BP service station and a billboard stanchion. The parcels were … <Read More>
Willets Point Group Denied Equal Protection Claim
City chose not to heavily invest in Willets Point infrastructure. In November 2008, the City Council approved a $3 billion development plan for Willets Point, an industrial neighborhood in northern Queens. When implemented, the plan would transform the low-end commercial area into a mixed-use community with residential, retail, hotel, and entertainment uses. Under the plan, the City could utilize eminent domain to acquire property needed for development. The Willets Point Industry and Realty Association, an … <Read More>
Court denies owner’s motion to increase appraisal
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>
Bushwick condemnation approved
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>