Real Estate & Property Law

New Hartford, NY Business Park Expansion: A Balancing Act

By Alan Ackerman

All too frequently, private entities benefit from takings for 'public' use.  In New Hartford, developers built a business park without considering a clear lack of access to vehicular traffic. The newspaper notes the importance of managing traffic in development projects. Further, business development brings tax revenue and badly-needed jobs to communities. However, one wonders whether the developer here cut corners by neglecting to acquire additional property for vehicular access, leaving the municipality to do the dirty work. These are always difficult issues.

Utica Observer-Dispatch

The town plans to use eminent domain to take land owned by Twin Orchards Farm in order to connect Clinton Street to the New Hartford Business Park.

An 1.8-acre strip of property that belongs to the family-owned business along Middle Settlement Road would be used to join the Clinton Street stub road near Lowes Home Improvement to the business park, a large portion of which is owned by developer Larry Adler, town officials said.

'The key is that this will alleviate traffic in the area, especially on Middle Settlement Road and around there,' Supervisor Patrick Tyksinski said.

But for Lori Yager, co-owner of the orchard, the town is building a road through her family's livelihood.

'It doesn't settle with us at all,' Yager said. 'They're trying to take our property to fix their own problems. We're not paying attorney's fees to fight it. It's fighting with bad money.'

The largest impediment for the business park, which opened in 2008, is simply being able to access it.

Constructing an extension to Clinton Street and a ramp to Route 840 would make the park more attractive to companies looking for an area to develop, town officials have said.

The Yager family owns more than 50 acres along Middle Settlement Road and has operated the orchard since the mid-1940s. The family also owns land in Sodus and other areas in western New York, but its main facilities are located in New Hartford.

'It's sad what they're doing and not thinking twice about it,' Yager said. 'Most of it is sold right here in the store right in front of Lowes. This is our main location.'

By using eminent domain, the town would need to condemn the property and then pay the fair market value of the 1,300-foot by 60-foot strip it plans to take. Both the land owner and town would need to receive appraisals for the land and then negotiate a price for it.

Town Attorney Herb Cully said that if the land owner and town cannot agree on a price for the land, a judge can be asked to settle the matter.

 

Full post as published by National Eminent Domain Blog on January 17, 2011 (boomark / email).