Two local government officials are promising to introduce resolutions opposing the condemnation of private properties to make way for an industrial park in suburban Syracuse. This marks the first example in New York of official backlash against the recent U.S. Supreme Court’s recent Kelo v. City of New London ruling, which adopted a very expansive definition of government’s “eminent domain” power to seize private property for economic development projects.
As reported in today’s Syracuse Post Standard, Onondaga County Legislator James DiBlasi and Salina Town Councilor Mark Nicotra want to block the use of eminent domain needed for the proposed “Destiny USA Research and Development Park.”
Robert Congel, the research park’s developer, has asked the Onondaga County Industrial Development Agency to use its eminent domain powers to acquire private property he says he needs for the 325-acre park at the southeast corner of Interstates 90 and 81 in Salina. The private land includes 29 businesses, most of which are at the southeast corner of I-81 and Seventh North Street.The agency has taken no action on the request, with several members saying they opposed using eminent domain and others saying they were concerned that the 29 businesses would be driven out of business if their relocation costs were not completely paid by the developer.
The agency’s directors are appointed by the county Legislature. But the agency gets its eminent domain powers and other authority from state law, and most of its actions including condemnations of private property under eminent domain do not require the approval of an elected body.
Nicotra said he will introduce the resolution Monday to the Salina Town Council. DiBlasi said he will introduce it to a legislative committee possibly the planning and economic development committee soon.
They said they were not opposed to the research park itself, just the taking of private property for a private development. Under state law, industrial development agencies can take private land for economic development projects, but must pay the owner the fair market value of the property. The U.S. Supreme Court recently ruled that such takings are constitutional even if the land is turned over to a private developer.
For more on how this issue plays out in New York, see our recent commentary.
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