Updated 08/14/2008 06:27 PM
Councilman Proposes Law Restricting Eminent Domain
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Just a day after crowds of supporters and opponents packed a public hearing on the rezoning of Willets Point, a local leader announced legislation Thursday challenging one of the biggest concerns surrounding the proposal – the possible use of eminent domain.
The city has said it would only be used as a last resort, but City Councilman Hiram Monserrate introduced legislation that would force the city to justify any usage of eminent domain.
He wants a definition of when exactly the city can declare a neighborhood economically blighted, as well as guarantees that any displaced business owners would be properly compensated.
Monserrate is also introducing a resolution calling on state legislators to follow the city's lead.
"What we have here is well over 200 businesses, about 100 property owners, who deserve to be treated fairly and I've called continually on the administration to work with them," said Monserrate. "This is not about the council and advocates killing the plan, it's about making the plan fairer for everyone."
"It is an abuse of eminent domain and it is an abuse at the expense of the business owners who are left holding the bag and are not protected," said City Councilmember Vincent Gentile. "Willets Point is America. It might not be the best-looking place, but it is part of America and I want this administration to treat Willets Point – the workers, the business owners and the property owners – as Americans."
"I can't understand how one day they can just put a picture of a condo or a hotel on your property and nobody even talks to you," said Jake Bono, owner of Bono Sawdust Supply. "You just open the newspaper one day and see a hotel and say, 'this is my land.'"
Opponents of the rezoning rallied outside a City Planning Commission hearing Wednesday in Greenwich Village, shouting over the speeches of a separate rally in favor of the proposal.
"Guarantee me that these people that live here are going to have a home around there, and then we can talk about it," said opponent Maria Maisonet of the Association of Community Organizations for Reform Now. "Because now, I don't think any of the people that are living there right now are going to have a home or an apartment or job, to work around there."
"The city has made 500 calls, meetings, and then they stand up and say the city's not meeting with them," said Queens Borough President Helen Marshall. "Everybody's got to be honest, and open to working this out. Everybody could win in the end."
Supporters of the city's redevelopment plan say the 60-acre site is in disrepair and has major environmental problems. They want to turn the area into a 24-hour neighborhood with new housing, retail and cultural space.
The Planning Commission votes on the project at the end of September.
Meanwhile, the Willets Point plan was not the only controversial proposal before the Planning Commission Wednesday; opponents of the plan to rezone Chinatown and the Lower East Side were also anxious to make their voices heard.
The proposal covers a 111-block area from Delancy to East 13th Streets, and the Bowery to Avenue D. It would put height limits on buildings within the zone, and encourage the building of affordable housing.
But residents outside that zone fear that plan could ultimately force them out of their neighborhoods.
"They're pushing for it, our rezoning plan for Chinatown and the Lower East Side,” said Jei Fong of the Coalition to Protect Chinatown and Lower East Side, “that's basically going to cut out and up-zone all the areas of people of color and create massive displacement."
Protestors said they have been left out of the planning process, but the commission insists there were many opportunities for people to speak up.
"We've had meetings that were open and publicized and advertised to everybody. Anyone was welcome to come,” said City Planning Commissioner Edith Hsu-Chen. “So frankly, those allegations that we've had closed meetings are absolutely baseless."
The commission now has 60 days to approve or change the plan before it goes to the City Council.