Directs the commissioner of parks, recreation and historic preservation to take a parcel of land by the eminent domain procedure for the Rogers Avenue community garden.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8583
SPONSOR: Richardson TITLE OF BILL:
An act requiring the commissioner of parks, recreation and historic
preservation to take a parcel of land through the eminent domain proce-
dure for the Rogers Avenue community garden
PURPOSE:
This bill would require the State Commissioner of Park, Recreation and
Historic Preservation to acquire the 115 Rogers Avenue (aka 749 Park
Place) in Brooklyn, NY by eminent domain for the purpose of creating a
state park and continued community garden
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Legislative findings, Location of site
Section 2: Effective Date
EXISTING LAW:
No current law dealing with property located at 115 Rogers Avenue in
Brooklyn
JUSTIFICATION:
In the past, seemingly abandoned property was seized by the City of New
York and sold to independent developers, who cultivated the property for
private/personal means. As such, this legislation by no means attempts
to usurp one's legal right to property ownership through the exercise of
eminent domain. However, when dilapidated buildings fall into a state of
disrepair and become excessively delinquent in city, school, property
and water taxes it is often in the best interest of the neighborhood,
city and state to bequeath said property for public use. In this
instance, to a community organization that has a proven history of posi-
tive community engagement, while increasing the overall growth and
development of the neighborhood.
In the 1970's, 115 Rogers Avenue housed HUB Hardware and Plumbing. By
the late 1970's or early 1980's, the owner of HUB Hardware and Plumbing
disappeared, abandoning the property entirely. As far as research
dictates, the property stood abandoned and dilapidated for the next
several decades.
In 2006, the building structure that once housed HUB Hardware and Plumb-
ing became unstable and began threatening the foundation of the building
adjacent to the property. The Crown Heights Youth Collective (a juvenile
outreach group housed next door to the abandoned HUB Hardware and Plumb-
ing building), petitioned and received permission to have the derelict
structure demolished, an action whose costs, while essential, contrib-
uted to the accumulation of liens against the property.
The Crown Heights Youth Collective building residents received the
City's approval to create a green space after the lot was cleared and
subsequently Roger That! Garden was created as a community effort to
encourage neighbors to garden together in an environment affected by
poverty, obesity, and food deserts. Over the past nine (9) years, the
residents of Crown Heights have made exceedingly positive and communi-
ty-oriented benefits to the area.
Volunteers invested in Roger That! Garden sought to locate the proper-
ty's owner in an effort to properly possess the property (including
offering to pay a sum of $15,000). Unfortunately, numerous attempts to
locate the property's owner were unsuccessful. However, in 2013 while
applying for a grant, it was learned the deed had changed hands. Accord-
ing to property records on file with the city, TYC Realty apparently
tracked down Hub Plumbing, Hardware, Sales & Services owner Dudley McLa-
chlan in Port Richey, Florida, and he reportedly signed over the deed
for a shockingly low price of $10. In January 2013, NYCTL begins fore-
closure process to satisfy the tax debt and one year later in January
2014, TYC Realty demands that the gardeners vacate the property.
Motivated by their deep-rooted commitment to the garden and their commu-
nity, Roger That! Garden volunteers raised money and awareness over the
next five months in an attempt to make a purchase offer and partnered
with Brooklyn Queens Land Trust as a fiscal sponsor, further demonstrat-
ing the community's investment in this cause. TYC rejected their initial
purchase offer and demanded $500,000 for the property, later increasing
their demand to unreasonable amounts of $1m and $1.5m.
To date, the tax liens for current property taxes (approx. $8000/year)
has accumulated in excess of $300,000. and TYC has not paid back exist-
ing liens, and such laissez-faire actions draw into question their true
intent with the property.
As such, since Roger That! Garden volunteers exercised every effort to
secure the property legally and have invested nearly a decade into
cultivating a garden beneficial for the entire community, and the
current property owners obtained the land through questionable means and
have continued to let liens accumulate on the property, we believe the
best course of action is to acquire the property through eminent domain
and permit Roger That! Garden to continue to flourish.
LEGISLATIVE HISTORY:
New Legislation
FISCAL IMPLICATIONS:
Fiscal Impact to the State to be determined by land acquisition cost as
well as there will be future costs to operate and maintain the newly
created park.
LOCAL FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
