FOR IMMEDIATE RELEASE: Appellate Court Thwarts Yonkers’ From Seizing A Property That It Says Is Crucial Riverfront Development Property
PRESS RELEASE: Appellate court’s Second Department Rules That A Proposed Condemnation By The Yonkers Industrial Development AgencyOn A 3.6 Acre New York City Owned Property May Not Go Forward Under Eminent Domain Laws.
YONKERS: A property at 59 Babcock Place is between the Hudson River and the Metro-North Hudson Line and within Yonkers’ Alexander Street urban renewal area.
QUOTE: “These precious lands should not be sleeping quarters for buses,” Yonkers Mayor Mike Spano has said in the past
#NewYorkCity bought the property in 2005 and leases it to the #MTA.
Yonkers wants to use the MTA Bus Depot site to extend Alexander Street and open up more land for development.
Mayor Mike Spano has described the MTA depot as a barrier to waterfront development.
The Yonkers Industrial Development Agency authorized the use of eminent domain in late 2017, to take the property from the city of New York.
The four-judge appellate panel ruled, the Yonkers IDA can’t take land for public use, if the new public use interferes with an existing public use.
The four-judge appellate court cited several comments made by Yonkers Industrial Development Agency officials at a 2017 public hearing:
Those comments, the appellate justices ruled, confirm that Yonkers’ intended use would interfere with the bus depot.
And the #YonkersIDA condemnation of the property was rejected by the court