There is No Public Use at Willets Point

WPU is represented by attorney Mike Rikon at today's condemnation hearing in its effort to stymie the city's effort to use eminent domain for the displacement of property owners at Willets Point. Rikon, in the full statement printed below makes the distinction between the Willets Point case and the numerous other condemnation cases-from Atlantic Yards to West Harlem and East Harlem-that focused on a challenge to the designation of those areas as blighted. Here's the Rikon money quote:

"PUBLIC USE MUST BE PRESENT IN ANY CONDEMNATION IN NEW YORK STATE. THE RECENT CASES, IN OUR COURT OF APPEALS, ATLANTIC YARDS, COLUMBIA UNIVERSITY, UPTOWN PROPERTIES ALL WERE BASED ON BLIGHT CHALLENGES. BUT THE COURT OF APPEALS HAS MADE CLEAR OUR STATE CONSTITUTION STILL REQUIRES A PUBLIC USE BEFORE PROPERTY MAY BE TAKEN THUS FOR ANY CONDEMNATION TO GO FORWARD IN WILLETS POINT, THERE MUST BE A PUBLIC USE FOR THE PROPERTY TO BE TAKEN.

Put simply, without a developer and a plan, there is no public use-and this speculative condemnation is illegal (read the entire statement)

STATEMENT OF MICHAEL RIKON ,

ATTORNEY FOR WILLETS POINT UNITED, INC. AND

INDIVIDUAL PROPERTY OWNERS EDPL SECTION  201

PUBLIC HEARING MARCH 2, 2011

MY NAME IS MICHAEL RIKON, MY LAW FIRM GOLDSTEIN, RIKON & RIKON, P.C. REPRESENTS WILLETS POINT
UNITED, INC. AND INDIVIDUAL PROPERTY OWNERS. THIS PUBLIC HEARING VIOLATES THE EMINENT DOMAIN PROCEDURE LAW, THE CONSTITUTION AND DUE PROCESS.  WILLETS POINT UNITED, INC. IS A COMMUNITY ORGANIZATION CONSISTING OF 12 PROPERTY AND BUSINESS OWNERS THE 62 ACRE PROJECT WILL AFFECT 255 BUSINESS AND SOME 55 PARCELS OF LAND. 

AT THE OUTSET, THE NOTICE GIVEN FOR THIS PUBLIC HEARING VIOLATES THE DUE PROCESS CLAUSE. THE HEARING “LEGAL NOTICE” STATES THAT THE PUBLIC HEARING IS TO CONSIDER THE PROPOSED ACQUISITION BY CONDEMNATION OF CERTAIN PROPERTY IN FURTHERANCE OF THE WILLETS POINT DEVELOPMENT PLAN.

THE NOTICE GOES ON TO DESCRIBE THE AREA ENCOMPASSED BY THE PLAN AS A 61.4 ACRE INDUSTRIAL SITE.  IT THEN DESCRIBES A SMALLER AREA WHICH IT CALLS PHASE I, BUT IT ONLY IDENTIFIED AND GAVE NOTICE TO THOSE PROPERTY OWNERS IN PHASE I, THIS VIOLATES THE CONSTITUTIONAL RIGHTS TO DUE PROCESS OF ALL THE OTHER OWNERS. THIS HEARING AND ANY DETERMINATION AND FINDINGS ADOPTED BASED ON THE HEARING WILL BE CONTRARY TO THE LAW.
                               THERE IS NO PUBLIC USE FOR THE WILLETS POINT CONDEMNATION

BOTH OUR UNITED STATES AND NEW YORK STATE CONSTITUTIONS REQUIRE THAT FOR PRIVATE PROPERTY TO BE TAKEN BY THE EXERCISE OF EMINENT DOMAIN IT MUST BE FOR A PUBLIC USE.  THAT LIMITATION IS FOUND WITHIN THE FIFTH AMENDMENT TO THE UNITED STATES CONSTITUTION. “…NOR SHALL PRIVATE PROPERTY BE TAKEN FOR PUBLIC USE, WITHOUT JUST COMPENSATION.” THESE LIMITATIONS ARE MADE APPLICABLE TO THE STATES BY THE FOURTEENTH AMENDMENT. PUBLIC USE MUST BE PRESENT IN ANY CONDEMNATION IN NEW YORK STATE.  THE RECENT CASES, IN OUR COURT OF APPEALS, ATLANTIC YARDS, COLUMBIA UNIVERSITY, UPTOWN PROPERTIES ALL WERE BASED ON BLIGHT CHALLENGES.

BUT THE COURT OF APPEALS HAS MADE CLEAR OUR STATE CONSTITUTION STILL REQUIRES A PUBLIC USE BEFORE PROPERTY MAY BE TAKEN. THUS FOR ANY CONDEMNATION TO GO FORWARD IN WILLETS POINT, THERE MUST BE A PUBLIC USE FOR THE PROPERTY TO BE TAKEN

THE PROPOSED TAKING IS WITHOUT LOGIC OR REASON.  IT IS NOTHING MORE THAN A FIGMENT OF MAYOR BLOOMBERG’S IMAGINATION

            QUITE SIMPLY, YOU CANNOT TAKE PRIVATE PROPERTY ON SPECULATION.  THERE IS NO DEVELOPER. 
THE EXECUTIVE SUMMARY FOR THE WILLETS POINT DEVELOPMENT PLAN FROM THE OFFICE OF THE MAYOR, DATED FEBRUARY 10, 2011 ADMITS “THERE IS NO SPECIFIC DEVELOPMENT PLAN.” THE ENTIRE DESCRIPTION OF THE PROJECT AS IS SET FORTH IN AN ILLEGALLY PREPARED TECHNICAL MEMORANDUM FOR THE WILLETS POINT DEVELOPMENT PLAN DATED FEBRUARY 10, 2011, IS A HOPELESSLY OBSCURE DESCRIPTION OF THE PROJECT WHICH CANNOT BE JUSTIFIED.

THE PROPOSED CONDEMNATION IS ALSO SPECULATIVE BECAUSE NOTHING CAN BE DEVELOPED UNLESS THE EXTRAORDINARY TRAFFIC PROBLEMS ARE DEALT WITH BY OBTAINING APPROVALS TO BUILD NEW RAMPS TO THE VAN WYCK EXPRESSWAY.

THE PROJECT IS ALSO SPECULATIVE BECAUSE THE CITY HAS INTENTIONALLY DEPRIVED WILLETS POINT OF ESSENTIAL MUNICIPAL SERVICES.  THERE ARE NO WASTE SEWERS.  THERE ARE NO STORM WATER SEWERS.  THERE HAS BEEN TOTAL NEGLECT IN MAINTAINING STREETS AND ROADWAYS.  THERE HAS BEEN NO CODE ENFORCEMENT.  INDEED, THE CITY HAS INTENTIONALLY CREATED BLIGHT AND NOW WISHES TO USE IT AS A PREDICATE FOR CONDEMNATION

BUT IT IS THIS LACK OF ESSENTIAL SERVICES THAT WILL PREVENT THE IMAGINARY DEVELOPER FROM CONSTRUCTING ANYTHING IN THE PROJECT AREA.

ANOTHER PHYSICAL BAR WHICH PREVENTS DEVELOPMENT OF THE SITE IS THAT THE SOIL CANNOT SUPPORT STRUCTURES DREAMED OF WITHOUT EXTRAORDINARY EXPENSE.  THEN THERE IS THE ALLEGED CONTAMINATION WHICH WOULD HAVE TO BE REMOVED.  THE CITY OF NEW YORK ALSO STATES THAT UP TO 7 FEET OF FILL WOULD BE REQUIRED.  WE DO NOT KNOW IF THE AMOUNT OF FILL WOULD INCREASE AFTER REMEDIATION.  WE ARE TALKING ABOUT 61.4 ACRES.

WHO WOULD PAY FOR THIS? HOW MANY BILLIONS WILL IT COST THE CITY OF NEW YORK?
IT HAS NOT BEEN SHOWN THAT ANY DEVELOPER WOULD UNDERTAKE ANY PART OF THE ILLUSORY PROJECT WITH THE ATTENDANT EXTRAORDINARY COSTS. THERE IS NO PUBLIC USE OF THE LAND NOW OR IN THE NEAR FUTURE THE PROPOSED CONDEMNATION IS SPECULATIVE AND UNCONSTITUTIONAL