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Eminent Domain

Consider... an illustrated Site Plan showing all the Parking Spaces Around #MVHS Downtown / The Wynn Hospital, excluding on-street parking.

2023

April 4, 2023 - Utica eminent domain, by OCIDA hits another snag (as does Wynn Hospital), as Syracuse-based Bowers completes purchase of O’Brien’s Plumbing at 411 Columbia Street...

MVHS and Kelberman should stop fighting with Bowers and work together! If healthcare was truly put in first place, then new ideas would improve Utica's Wynn Hospital Site. Too bad they destroyed Boilermaker History and placed the Parking Garage in the worng place!

2022

August 24, 2022 - Larry Sharpe has something to say about eminent domain...

March 7, 2022 - Not intending to go away, we're reading...

As well as Satifying The "Public Use" Requirement Of Eminent (2002) Domain and more...

U.S. Supreme Court Reopens the Federal Courthouse Door to Property Owners' Takings Claims

Looking Back Ten Years After Kelo, 7 July 2015 Dana Berliner

Kelo v. City of New London- Wrongly Decided and Missed Opportunity for Principled Line Drawing with Respect to Eminent Domain Takings, 2006 Orlando E. Delogu

Kelo v. City of New London: A Perspective on Economic Freedoms, 1997, Sharon A. Rose

February 2, 2022 - Public hearing notice, Oneida County Industrial Development Agency (OCIDA) Eminent Domain: Central Utica Building LLC, 411 Columbia Street. More on the battle for 411 Columbia Street, Utica, NY.

January 24, 2022 - Developer seeks to protect real estate interest in downtown Utica, Bowers Development plans to fight eminent domain use, in ongoing Wynn Hospital story.

January 21, 2022 - In the news, Oneida County Industrial Development Agency takes next step in possible eminent domain use for downtown Utica hospital.

For some background, read A case of “Figures Don't Lie, But Liars Do Figure”? as Dr. Kelberman speaks to the Oneida County IDA.

January 20, 2022 - On the air, VP Mike Licata of Bowers Development talks Utica Properties, Funding & Eminent Domain Fight with MVHS and Oneida County.

2022 Oneida County Budget Address - Mr Picente confirms, he hopes to build a parking garage for a private hospital... "With MVHS’s Wynn Hospital rising in the heart of downtown Utica, we are well positioned to take on the challenges of the future. An area that was once sparsely populated with little commercial or retail activity will soon be bustling with visitors, employees and activity 24 hours a day, 7 days a week. The County is committed to building a parking garage, without which the hospital cannot operate."

[Note: "sparsely populated" is not accurate, only his opinion, the properties tageted by hospital we're only 7% vacant.]

January 11, 2022 - In the news, Downtown Utica hospital opponents lose court case over parking garage eminent domain. Story states an appeal is expected.

Oneida County's press statement: State Appellate Division Dismisses Parking Garage Eminent Domain Lawsuit Against Oneida County.

January 3, 2022 - In the news, Brett Truett & Jeremy Zogby discuss Legacy of Downtown Hospital Fight and Eminent Domain.

Meanwhile, the NYS Appellate Division, 4th Division alerts parties in Brett B. Truett, Joseph Cerini And 418 Lafayette St Corp Vs. Oneida County of their Decision. Cases cited by the 4th Division Justices were:

[1} Matter of City of New York (Grand Lafayette Props. LLC), 18 AD3d 342

[2] Matter of Turkewitz v Planning Bd. of City of New Rochelle: 2005 NY Slip Op 10142 [24 AD3d 790] December 27, 2005

[3] In the Matter of WALDO'S, INC., Appellant, v. VILLAGE OF JOHNSON CITY, Respondent.

2021

August 30, 2021 - Another lawsuit and another effort to use eminent domain, Bowers threatens lawsuit over eminent domain proposal MVHS Utica Hospital.

Their Story Started Very Early as they set-out to label the Columbia Lafayette Neighbor as "blighted". Actually newspaper images and just one word wasn't enough, as it became "Crushing Blight" and "Functionally Obsolete" in their MV500 Bid For $500 Million.

You see, blight is an important word for "Yes Hospital Downtown" folks, as "blight" is the watchword for forward (ha!) thinking governments seeking to justify the use of "Eminent Domain".

May 16, 2021 - Another Legal challenge to the Downtown Utica Hospital Concept, this time their proposed Parking Garage...

Also download here: The Petition, and Exhibits A-I, & Affidavit Of Service.

Looking back, Eminent domain settled for new Utica hospital and Why Utica, Oneida County would handle eminent domain for new hospital.

April 15, 2021 - In the news, Oneida County legislators pave way to start eminent domain court proceedings for garage...

May 14, 2021 - Read lawsuit to protect Enterprise Rent-A-Car parcel in, 525-527 ORISKANY STREET LLC vs. ONEIDA COUNTY BOARD OF LEGISLATORS, ONEIDA COUNTY, JOHN DOE CORPORATIONS AND JOHN DOES

April 14, 2021 - Read, ONEIDA COUNTY BOARD OF LEGISLATORS' RESOLUTION & EMINENT DOMAIN "DETERMINATION & FINDINGS".

April 8, 2021 - Read, CITY OF UTICA URBAN RENEWAL AGENCY, MEETING MINUTES – April 8, 2021, Eminent Domain For Downtown Hospital (PDF), and city's NOTICE OF COMBINED PUBLIC HEARING UNDER EMINENT DOMAIN PROCEDURE LAW AND NEW YORK GENERAL MUNICIPAL LAW, (PDF) another version at, MEETING MINUTES –April 8, 2021.

March 25, 2021 - Read, Urban Renewal Agency Meeting Agenda, Including (ITEM #1 Scheduling of Public Hearing For Downtown Hospital Eminent Domain).

March 11, 2021 - Ongoing Legal issues as City of Utica discusses use of eminent domain, When and where to voice your opinion on the use of eminent domain for Utica hospital.

February 11, 2021 - Read, Urban Renewal Agency Meeting Agenda, Including Eminent Domain For Downtown Hospital (PDF).

January 23, 2021 - Read public comments made in response to Oneida County's threat of Eminent Domain, submitted by Joe Cerini and Brett Truett... buildings worth saving on Lafayette Street.

2020

December 23, 2020 - Government overreach...

September 8, 2020 - At least five places to build a parking garage...

Utica should pick historic Preservation, significant Erie Canal Heritage to protect.

March 26, 2020 - City of Utica has plans, MEETING MINUTES – March 26, 2020, Authorization to Procure Appraisals and Commence Negotiations (For Downtown Hospitals)....

ITEM #3 Authorization to Procure Appraisals and Commence Negotiations In advance of any agreement to undertake eminent domain, court-ready appraisals of the subject parcels must be performed; said appraisals will then form the basis for UURA and its legal counsel to attempt to discuss with current property owners the possibility of a negocaited sale. Board authorization to procure the services of a qualified appraiser and commentce negociations with the respective private property owners is required. Mike Mahoney made a motion to procure the services of a qualified appraiser and commence negociations with the respective private property owners as required for acquisition of certain property in conjunction with the MVHS downtown hospital project.

March 26, 2020 - City of Utica has agreements with MVHS [hopefully on their legal contracts, the city corrects the party's legal name]...

Approval of Escrow Agreement with MVHS - Mohawk Valley Health Systems (MVHS) has requested that the Utica Urban Renewal Agency utilize its power of eminent domain to acquire a total of six (6) separate tax parcels in support of its development of a new regional healthcare center in Downtown Utica. All of the parcels which are being sought by MVHS are intended to be developed for off-street parking.

In advance of any agreement to undertake eminent domain, MVHS has proposed a manner by which all potential costs to be incurred by the UURA during the process will be covered by MVHS. A copy of the final draft of the escrow agreement is attached; Board authorization to enter into the agreement is required..

Authorization to Procure Appraisals & Commence Negotiations - Mohawk Valley Health Systems (MVHS) has requested that the Utica Urban Renewal Agency utilize its power of eminent domain to acquire a total of six (6) separate tax parcels in support of its development of a new regional healthcare center in Downtown Utica. All of the parcels which are being sought by MVHS are intended to be developed for off-street parking.

In advance of any agreement to undertake eminent domain, court-ready appraisals of the subject parcels must be performed; said appraisals will then form the basis for UURA and its legal counsel to attempt to discuss with current property owners the possibility of a negotiated sale. Board authorization to procure the services of a qualified appraiser and commence negotiations with the respective private property owners is required..

[Ref.]

February 13, 2020 - CITY OF UTICA URBAN RENEWAL AGENCY MEETING MINUTES.

2019

September 12, 2019 - City looks to use eminent domain on yet another Utica property owner and would be downtown developer...

January 11, 2019 - Oneida County's top attorney prepares to sieze property in downtown, Peter Rayhill, "Oneida County Must Prepare For Eminent Domain For Downtown Utica Hospital Parking Garage."

2018

December 30, 2018 - Is your City of Utica property next? We ask as today's UticaOD opinion states "more parking spaces are required downtown" in their opinion piece titled, OUR VIEW: Downtown Parking Must Be Addressed.

With Utica's Mayor, hey you just never know where you stand...

Their Downtown Utica Hospital Concept is bad, and plainly wrong. Just like today's UticaOD opinion piece, which we discuss here; #NoHospitalDowntown Reviews UticaOD Opinion on Downtown Parking.

September 10, 2018 - We hope to become a case for Kavanaugh...

April 30, 2018 - There were radio shows about eminent domain...

April 13, 2018 - WUTQ Talk FM: Oneida County Executive Talks Downtown Hospital, Eminent Domain

April 12, 2018 - Hospital CEO states, "We technically can't take any of the parcels until the SEQR process, we've talked about that before, is completed," Perra said. "That's still on target for the fall, maybe September, Octoberish is the last date we have on the SEQR process. The SEQR gets completed and then we will be in a position that if we need to exercise eminent domain, we will be exercising eminent domain at that point in time."

April 16, 2018 - WUTQ Talk FM: #NoHospitalDowntown's Jim Brock Talks Eminent Domain and April Updates

April 19, 2018 - WUTQ Talk FM: Congresswoman Claudia Tenney Discusses her Downtown Hospital Comments

Consider: City of Utica places an RFP for eminent domain/condemnation proceedings: ...The URA is seeking counsel to provide consultation and litigation services to the URA in the context of land use and development, particularly in the context of Urban Renewal activities. Experience in SEQR, eminent domain/condemnation proceedings, public authorities law, and commercial real estate transactions is required. Counsel will have a close working relationship with the City of Utica Corporation Counsel's Office, which acts as general counsel to the URA. Bids are due by 4PM on Thursday, August 23, 2018

April 30, 2018 - WUTQ Talk FM: Anthony Brindisi Talks Cable Bills, Thoughts on Eminent Domain and More

April 11, 2018 - Mayor now says "Yes", but back in January the Utica Mayor Said "No" To Eminent Domain. So someone has set down the way it'll be as explained in, Eminent domain settled for new Utica hospital.

County and city have a deal! What is it that changed their minds? And who? Was it a HUGE contingent of caring doctors and nurses? Also, Congresswoman Claudia Tenney has a say on the eminent domain issue...

Learn more about Congresswoman Claudia Tenney.

2017

December 22, 2017 - So many never made part of the hospital concept, and now many oppose it...

Our toolbox contains the Eminent Domain Abuse Survival Guide, and numerous stories. For example, Eminent Domain Being Abused?

April 17, 2017 - Would Utica become party to the list of projects involving eminent domain abuse

Our Hospitals, the City of Utica, and Oneida County, have access to a 64-acre hospital campus Just 1-3/4 miles away at the "Oneida County Medical District". At the same time, the targeted neighborhood is not as blight-ridden as they say and turning it into a large non-taxable, privately-owned, hospital district doesn't generate wealth.

Expelling numerous non-profits and tax-producing businesses will not stand in the courts, and throughout downtown the city has many examples of old broken buildings being redeveloped - even the mayor brags of Utica's successes! Many great reasons why residents want a New hospital Built at St. Luke's! An equal number of reasons why Downtown Is Wrong.

References

THE PROPERTY RIGHTS FOUNDATION OF AMERICA INC: No. 1- Notice Of Motion, No. 2- Brief Of Amicus Curiae

Yale Law & Policy Review: The "Public Menace" of Blight: Urban Renewal and the Private Uses of Eminent Domain

#NoHospitalDowntown Is Not Anti-Utica, Nor Not Anti-Hospital

No Studies, No Reports, thus we remain #NoHospitalDowntown

Our research is ongoing, please check back. Our research is ongoing, please check back.