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SCHENECTADY
Council votes to use eminent domain
Property eyed for apartment project
BY KATHLEEN MOORE Gazette Reporter

    A deceased man’s property will be taken by the city and sold to a developer who plans to build apartments in the Little Italy section of Schenectady, the City Council decided Monday.
    The council voted 6-1, with Councilman Joseph Allen the only dissenting voice.
    For a year, Allen has opposed the Barrett Street plan on the grounds that eminent domain should not be used for this type of development, where one private owner benefi ts while another owner loses.
    Eminent domain is often used to buy land for highways, sewers and other public property. But in some instances it can legally be used to force an owner to sell property that will be turned over to a developer.
    “I have a concern about this eminent domain. This is supposed to be beneficial to cities, schools, counties and other local agencies,” Allen said. “I haven’t heard anything with regards to these properties that’s going to benefit any school, city, county.”
    Corporation Counsel L. John Van Norden argued that it would, partly because the developer would pay taxes.
    “Taxes have built up and not been paid,” he said, not mentioning that a nephew of the deceased owner tried to pay some of the taxes and had his payment rejected because the city wanted to take the properties through eminent domain.
    The nephew, David Bianchi, was not present at Monday’s meeting. But he has shouted at the council repeatedly at previous meetings, including last Monday’s committee meeting, where he accused the city of stealing his property from him. There are five properties, primarily vacant land, near North Jay Street.
    Van Norden also argued that the project would be beneficial to the city because it would remove “derelict properties.” .................................>>>>................................>>>>.....................http://www.dailygazette.net/De.....r00702&AppName=1

How ironic is it that the City takes away a homeowners property (even refusing to accept past tax payments) for the sake of improving a 'blighted' area (REALLY, they think the area in Little Italy is blighted?! Wow, they don't get out much do they?)

Meanwhile, the City tries to justify why they can't pay the 5.4 million dollar school tax bill?

You can't cry because you've given an entire Downtown away (even confiscating private property for some connected developer) and have nothing to show for it in your bank account. No wait, then you over-tax the taxpayers and STILL have nothing? If this doesn't get the State to come in to audit, what will???

Eminent domain should never be used to just benefit a developer, the law was written to be used to benefit the whole community and the way the council is applying this law doesn't pass the smell test. Remember in November and vote them out.

Quoted from Shadow

Eminent domain should never be used to just benefit a developer, the law was written to be used to benefit the whole community and the way the council is applying this law doesn't pass the smell test. Remember in November and vote them out.

Exactly! Eminent domain is a drastic State action which should be used sparingly for roads, water lines, gas lines, etc.-for the public good. It should never be used to help out a developer. Even worse here where the property is involved a long probate dispute. Bravo to Joe Allen who was the only vote against this latest DEM outrage. The clueless City DEMS keep pushing housing {through eminent domain!} which is not in needed in the City. Push reindustrialization for jobs-not more surplus housing.

Very unjust. This is an illustration of why government is dangerous and how it has the greatest ability to destroy people. Far greater than any individual.

Is anyone as tired as I am of this city attorney? Anything somebody in the city government wants to pull, the attorney finds it legal for them. We won't
attract desirable residents and legitimate business in this environment. The city council members should all be ashamed of themselves. Joseph Allen is the only one who can think for himself and knows right from wrong? Evidently they weren't just blindly following BS all this time with the special deals for special people. I hope the nephew can afford to sue.

I had half a hope that when their ignorant but conceited leader left the ignorant but conceited followers would give up their unqualified positions as amateur urban planners. It is obscene that we have a murdered fifteen year old child in a neighborhood and they press on with their attempts to establish a
fancy-schmancyville to better serve imaginary future residents. Anyone who actually knows something on the topic (and there are people who actually study this stuff, but they aren't Schenectady elected officials) knows that when you put wealth, or relative wealth, close up against poverty, you get horrible crime. Look at the problems Union College is having. If you have a well-run city with modern, open government, the development will happen without political interference.

Little Italy is another disaster like everything these DEM idiots have cooked up. Boarded up property all over. With the requisite stunad curbs, lighting and pillars. Check out the other pillar by Vale Village-lol. This was suppose to be an engine of "rebirth". Even Hillary was dragged into this mess while she was a Senator.

     Nothing is more important than the deal. So what if someone gets screwed out of his inheritance? It's an illegal taking of private property. If it happened to them-it could happen to you. Margaret King and Denise Brucker who both voted YES! {as always} are running AGAIN this year. Don't vote for them. Vote for Vince Riggi. The third parties finally woke up about Margaret King who totally struck out with no endorsements-Schenectady's Bella Abzug.

http://youtu.be/g3LkRoHH-kg

Last night was the Repbulican debate on CNN. This link shows Ron Pauls answers. If you go to 11 minutes 30 seconds you will see his views on eminent domain.

The City Council better get a legal expert before this project begins.

In order to take land, the use has to be for a 'broad segment of the general public' (roads, parks). Slums are allowed to be razed for new development as well, but I would hardly consider Barrett Street a slum...actually on the Hill this might be more appropriate.

How many apartments are we talking here? In the hundreds? This has to be a benefit for many, not just for one developer. Also, legally, there has to be compensation for the owner of the property, deceased or not. Fair market value as well - it's called just compensation.

If this developer really wants to build, there's an armory for sale, even a hotel Downtown.  

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The city must, by law, make the school district whole — at a cost of $5.4 million this year. Acting Mayor Gary McCarthy says the city simply can’t afford to pay delinquent taxes to the school district any longer. Without those payments, and with delayed state aid, the school district has had to borrow millions simply to get through the school year.
    The council formally asked the state Legislature to put the onus on Schenectady County, rather than the city, to make the school district whole. City officials argue that in most of the state, the county takes on that burden, not the city.

So the city wants the COUNTY/ towns, who already pay their own school taxes to pay for the failing school district TOO???? This is just proof yet again that the city is BROKE!! It can't pay it's school bill and can't maintain the streets!!
GOOD JOB METROPLEX!!!

Remember folks.......it's and election year!!!

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So the city wants the COUNTY/ towns, who already pay their own school taxes to pay for the failing school district TOO???? This is just proof yet again that the city is BROKE!! It can't pay it's school bill and can't maintain the streets!!  GOOD JOB METROPLEX!!!   Remember folks.......it's and election year!!!

Exactly! Proof once again that the Metrograft socialism scheme is a total failure. Where are the jobs Death Ray? Where is the promised national retailer? Where is the sales tax increase Death Ray?

     As always when you raise taxes you destroy economic activity. The DEM morons can't understand this simple fact. Stop re-electing these idiots. Then the DEMS wonder why so many are failing to pay record City property taxes. When you can't sell, when you can't give away-cut your losses. This is an illegal taking. Hope the victims of governmental abuse proceed with legal remedies.

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Schenectady shouldn’t abuse eminent domain

    Re June 14 article, “Council votes to use eminent domain”: Schenectady City Councilman Joe Allen was absolutely right when he voted “no” to take private property through eminent domain and sell it to a private developer. While the merit of the proposed development in an emerging “Little Italy” cannot be questioned, the eminent domain issue far supersedes it.
    As Mr. Allen correctly pointed out, eminent domain has historically been used to address issues of the public good — health and safety, community infrastructure and the like. Only recently, due to a over-reaching decision by the U.S. Supreme Court, have government bodies been emboldened to use — or misuse — public domain in a way that fi nancially benefits a private individual or corporation. In the Little Italy case, one private owner clearly benefits while another loses out.
    Ownership of property by private individuals and families has long been central to the American Dream and, in part, what our nation was built on. The bastardization of eminent domain by some municipalities across the country has turned that dream into a nightmare.

    FRANK MAURIZIO
    Schenectady

http://www.dailygazette.net/De.....r00706&AppName=1

Another DEM against the City DEMS eminent domain fiasco that both Denise Brucker and Silent Margaret King voted for? What a nightmare. Good luck tricking the voters again ladies. This idiot DEM "plan" will turn around Little Italy-lol. As always follow the money.

     The Gazetto should take another look at this Little Italy debacle. Beautiful curbs, sidewalks and pillars-with one empty eyesore after another. Entire blocks vacant. The DEMS insane taxes and fees have chased out small businesses Citywide. Another Death Ray plan that bit the dust. Like Gillen's Gulch the former Robinson's that he claimed would be a retail mecca.