Owner can sue for damages

City failed to make advance payment to owner after taking property, but continued to charge interest on tax liens. The City acquired title to property through eminent domain for the New Creek Bluebelt project in Staten Island. Because the City did not issue an advance payment to the owner at the time of the taking, it began to pay out six percent interest on the advance payment. The City, meanwhile, continued to charge the owner … <Read More>


Court orders advance condemnation payment

Over one year after City took title of Staten Island property,owner had not received advance payment. As part of the 1989 stormwater management plan developed for Staten Island, the City began acquiring property consisting of stream corridors and wetlands collectively known as the Bluebelt. One property, owned by Ramfis Realty, was part of the eminent domain acquisition approved by the City Council in 2005. Although title had passed to the City in 2008, Ramfis had … <Read More>


Value with variance OK’d

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>


Council Approves Controversial Willets Point Plan

City agreed to increase affordable housing, but may still use eminent domain. On November 13, 2008, the City Council approved the City’s Willets Point Redevelopment Plan. The contentious plan, impacting a 62- acre area, designates Willets Point as an Urban Renewal Area, creates the Special Willets Point District, and lays out plans to develop a mix of uses, including 5,500 residential units, commercial space, a school, hotel and convention center, and publicly accessible open space. … <Read More>


Commission Approves a Modified Willets Point Plan

 

Eminent domain supported if negotiations with local businesses fail. On September 24, 2008, the City Planning Commission approved a modified version of the Willets Point Redevelopment Plan, and sent the contentious plan to the City Council. EDC’s plan calls for the creation of the Special Willets Point District, an Urban Renewal Area designation, and a rezoning for the 61-acre area known as the “Iron Triangle” in Queens. 5 CityLand 57 (May 15, 2008).

The … <Read More>


Columbia University’s and CB9’s plans approved

Last minute effort to delay vote until disclosure of community benefit package was defeated. On December 19, 2007, the City Council voted to approve Columbia University’s and Manhattan Community Board 9’s development plans for West Harlem after the Planning Commission modified both plans the month before. The approval clears the way for Columbia to move forward with its campus expansion into the traditionally industrial neighborhood of Manhattanville.

Columbia’s plan called for a Special Manhattanville Mixed-Use … <Read More>