--- In [email protected], "dfsavgny" <[EMAIL PROTECTED]> wrote:
> 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.
Dan, The condemnation of property at the request of Asbury Partners
is only to fulfill the development rights granted under the
redeveloper agreement. It is a last resort if private negotiations
between bidder and seller of a particular private property fail.
Perhaps you mis-spoke, there is no such thing as 'condemning back the
development rights'. Condmnnation (eminent domain action) applies
only to privately owned land in this case.
Regarding the Historic properties (CH, CAS, PAVs) they are not in the
redevelopment area and could not be the subject of condemnation by
the City for "redevelopment" unless the boundries were expanded.
They could, however, be taked by the City for a "public purpose"
under regular (non-redevelopment) eminent domain processes. The city
does not need the consent of Asbury partners to create public
facilities such as roads, parks, entertainment venues etc.
To clarify, Asbury partners has the exclusive right to ask for
eminent domain of private property that they can not otherwise
acquire for the purposes of redevelopment. They do not have veto
power over the City regarding creating public infrastructure or the
re-acquisition for public purposes of the beachfront East of Ocean
Avenue.
Werner.
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