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Tuesday, September 13, 2011

Eminent Domain...The Vote

As required by law, a Public Hearing was held on August 11, 2011 giving the public a chance to voice their opinion on the use of eminent domain to secure the Yager property. At the hearing, a show of hands clearly indicated that everyone in the room, except for Larry Adler and some town board members/officials, was opposed to the use of eminent domain.

A week later, at the August 17, 2011 town board meeting, the vote was taken as to whether to invoke eminent domain to acquire the property needed for the Clinton Street extension.

Even though, in the end, it would appear that the Yagers managed to come out "smelling like a rose", not everyone on the town board voted in favor. Woodland and Backman both voted no; each with their reasons that can be heard on the videotape below.

Voting for the eminent domain was Reynolds, Krupa and Tyksinski.

According to the discussion that evening and Observer Dispatch accounts, the negotiations to obtain the property without the use of eminent domain have been ongoing for the past eight (8) years.

To believe that to be true, one would have to believe that the negotiations to secure the Yager property for the Clinton Street extension were ongoing during the Ralph Humphreys administration. That is highly doubtful since it was during Humphreys administration that the town stopped paying a yearly option to purchase the business park [Beckerman] property. [Note: It may seem longer, but Tyksinski has only been in office less than two (2) years and Earle Reed the prior four (4) years.]

Perhaps they meant to say that the negotiations have been on and off for about the last four (4) years due to "bad feelings" between some prior town officials, a school administrator, a developer and the Yagers.

At any rate, we thought you might be interested in the town board discussion that was tense at times; it will give you an idea of how your council person might vote on the next eminent domain proceeding that may be closer than everyone might guess. The phrase was already mentioned in this same video regarding another property.

In fact, eminent domain was discussed at the Planning Board level during the Earle Reed administration and is mentioned as a possibility within the Southern GEIS that has yet to be adopted by the town board.

With the recent flooding of Sauquoit Creek in Chadwicks, one has to wonder if the possibility will once again be put on the table; that is, if the town is able to figure out how to "eliminate the potential elitist Persephone" regarding the use of eminent domain in Chadwicks.

At any rate, here is the segment of the August 17, 2011 town board meeting where the use of eminent domain to secure the Yager property was discussed and voted on:

The next town board meeting is scheduled for Wednesday, September 14, 2011 starting at 7:00 p.m. in Butler Hall. The agenda is now online.


Anonymous said...

Wow. Very revealing.

Anonymous said...

Are they saying that the town will get the land, and THEN haggle over price? DO they have an endless supply of money that we don't know about?

New Hartford, NY Online said...

They are using Fees in Lieu of Mitigation...that is money collected from other developers in order to mitigate known issues that will be caused by their development.