--- In [email protected], "wernerapnj" <[EMAIL PROTECTED]>
wrote:
> --- In [email protected], "dfsavgny" <[EMAIL PROTECTED]>
wrote:
> > --- In [email protected], "Skip Bernstein" <[EMAIL PROTECTED]>
wrote:
> > > What's The Fish gonna do; steal the Pony from himself?
> > >
> >
> > Sorry, I looked into it already, the city can't condemn any
property
> in
> > the waterfront without Asbury Partners, permission.
>
> Just some clarification. The only entity that can exercise the
power of
> eminent domain is the City. They do not need the permission of
anyone.
> The process is that Asbury Partners makes a request of the City to
use
> that power.
Werner, I respectfully disagreee with the need of consent of Asbury
Partners. Clearly, the city is the one with the power of eminent
domain and only they can exercise it. However, I beleive that the
agreement states that the city agrees only to condemn property in
the waterfront at the request of Asbury Partners. Thus, I think it
is tantamount to requiring its consent. If it were not so, the city
could have sold the development rights to Partners an then condemned
them back. I had looked into this in regard to getting back our
historic structures. I don't think they condemn Partners' properties
in the waterfront area.
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