--- In [email protected], "wernerapnj" <[EMAIL PROTECTED]>
wrote:
> 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.
Not to be argumentative, but I didn't mis-speak since condemnation
is the exercise of the soverign's right of eminent domain, which is
the acquisition of PRIVATE property. Are not the properties in the
waterfront area in question owned PRIVATELY by Asbury Partners? A
sovereign can condemn ANY private property, including a sports team,
etc. I ws involved in the condemnation of the ASPCA real estate AND
business by NYC. That included equipment, stationary, vehicles, etc.
It is ANY PRIVATE property.
> 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.
I didn't realize that they were not technically in the redevelopment
area.
> 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.
>
The beachfront is already owned by the city so I will assume you are
referring to the historic structures. I'll check the agreement again.
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