W'Burg Builders Sue, Say Rezoning Like Eminent Domain
Rezoning and eminent domain (and landmarking) have been the hottest topics in Brooklyn development over the years, and a group of Williamsburg property owners are saying they’re one in the same. Dozens of property owners affected by last week’s Grand Street rezoning are preparing to sue the city, as detailed in The Real Deal. The…
Rezoning and eminent domain (and landmarking) have been the hottest topics in Brooklyn development over the years, and a group of Williamsburg property owners are saying they’re one in the same. Dozens of property owners affected by last week’s Grand Street rezoning are preparing to sue the city, as detailed in The Real Deal. The owners charge the proposal was ramrodded through the approval process to prevent their participation. One petitioner said eminent domain is almost better. “The government is required to compensate you for the loss at some sort of market rate,” he said. “Whereas in zoning … there’s no requirement for compensation and a very limited requirement for notice.” John Isdith and his father, Carlos, pictured above, are among dozens of small-time developers who, now forced to reduce their project, said they’re considering joining the suit. Do the two have similarities? Which is more unfair—downzoning or eminent domain?
Williamsburg Developers, Homeowners to Sue City [TRD]
Council Green-Lights Grand Street Rezoning [Brownstoner]
Sorry, I misunderstood what you were saying 1:32. For what its worth, zoning is more akin to takings for a park or other benefit to the public at large. I do object to the use of ED to advance private development (as at AY, Kelo, etc.) And, of course, zoning is not a complete taking (neither is landmarking, for instance), so it is very different from ED.
1:37
No community board that I know of lists “votes” on the public hearing agenda. A lot of boards do all the review and presentation at the committee level, without a presentation by the applicant (city planning in this case).
No 1:37 – they are being relatively consistent on being against ED (wonder what would happen if the ED was for a park?) but we are talking about a non-ED “taking” – here by way of zoning. DDDB and there brethren are consistently and hypocritically in favor of virtually all such “takings” – as long as it will result in less development
1:32 – Just this week, DDDB came out against Lopez’s Pfizer ED gambit, so I think they are being consistent.
10:58 – What proportion of the foundation has been poured? In the Fourth Avenue and other rezonings, BSA had some pretty loose definitions of “substantial completion” (as Brownstoner has documented here http://bstoner.wpengine.com/brownstoner/archives/2006/08/xmas_comes_earl.php and http://bstoner.wpengine.com/brownstoner/archives/2006/06/bsa_makes_a_moc.php) just for starters.
12:58 – The rezoning was on the Community Board’s public hearing agenda for January. City planning made a long presentation, and everyone there was allowed to ask questions. There was public testimony (pro and con, but overwhelmingly pro). And there were “developers” there (not just for the tower), who also did nothing (until the very last minute) to alert their neighbors. They too must have little regard for their fellow residents, no?
I think its more messed up that City Planning is not required to notify property owners. They are the agency undertaking the action, not the community board. The CB and the boro prez have an advisory role in the review process, but they are reviewing and commenting on city planning’s proposed action. That’s the way it is with any land use action (or any other action that requires CB review, such as liquor licenses, sidewalk cafes, etc.).
Of course a downzoning is like ED, and as stated above with no just compensation (and no individual property owner due process).
BUT you will never hear a peep out of all the so called “property right” advocates like DDDB and other NIMBY groups because they are FRAUDS – they dont care about property rights AT ALL, they only care about their own anti-development agenda. THATS IT. If they could use ED to stop projects they’d be 4square in favor of unlimited ED.
That is the reason why (until unrelated market forces and a ridiculous judicial process) the anti-AY folks got nowhere – because they have no intellectual honesty – they just throw any argument they can think of up and see what sticks.
Thats at least why I respect the NY Sun (even if I don’t agree) – they are honestly conservative – they are against ED as well as all the equivalent “takings” done in the name of zoning.
Whether it’s legal to do it and it’s proper to do it are two different things.
Really glad I don’t live in Williamsburg.
I’ve looked into some of the issues quoted by 12:58 in another context. I found nothing that required a community board to notify the affected property owners. And, the state Public Officers Law is silent on the issue of agendas. 12:58 may be correct when stating, “That is messed up.” But it may very well not be illegal, which is what a lawsuit hopes to prove.
The real issue is how disturbingly exclusive the whole process was and that the city is okay with that.
From the piece in The Real Deal:
“The filing claims that Community Board 1 voted on the rezoning in an emergency session called immediately after the January hearing without directly notifying the affected property owners. The petition alleges that the board’s agenda for the meeting didn’t mention the issue, and that a misleading notice of the hearing was passed out to pedestrians for only one hour in the middle of the day.
Phillips said he has met with about 100 property owners over the past few weeks, and claimed that none had known of the community board meeting in advance.”
That is messed up. I hope these property owners bringing the lawsuit against the city stick with it and take it all the way. Oh and nice way for the homeowners who consciously shoved this through without alerting others in the neighborhood, to show how very little regard they have for their fellow residents. How neighborly and respectful of them!