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S01203 Summary:

BILL NOS01203
 
SAME ASSAME AS A02115
 
SPONSORCLEARE
 
COSPNSRBRISPORT, JACKSON, SALAZAR
 
MLTSPNSR
 
 
Repeals the Columbia University Education Mixed-Use Development Land Use Improvement and Civic Project Modified General Project Plan adopted by the empire state development corporation on December 18, 2008.
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S01203 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1203
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     January 8, 2025
                                       ___________
 
        Introduced by Sens. CLEARE, BRISPORT, JACKSON, SALAZAR -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Corporations, Authorities and Commissions
 
        AN ACT to repeal the Columbia University Education Mixed-Use Development
          Land Use Improvement and Civic Project Modified General  Project  Plan
          adopted  by  the  empire state development corporation on December 18,
          2008
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative intent. The overwhelming breadth and scope of
     2  The  Columbia  University  Education  Mixed-Use  Development  Land   Use
     3  Improvement  and  Civic Project Modified General Project Plan adopted by
     4  the Empire State Development Corporation (ESDC) on December 18, 2008 has
     5  been of  longstanding  concern  to  residents  of  the  30th  Senatorial
     6  District  and  Harlem in general.  The project was vehemently opposed by
     7  many who live in the community, including  those  whose  residences  and
     8  businesses  were  in  the  area  to be destroyed.   Many feared that the
     9  project was not just an abject land grab by a private university,  which
    10  would  have no public benefit, but that it was a way to displace histor-
    11  ically settled Black residents, businesses and homeowners.  Meetings and
    12  hearings were held and  the  community  was  generally  opposed  to  and
    13  concerned  about the project.  Today, with soaring rents, a replete lack
    14  of affordable housing and the widespread gentrification of Black  Harlem
    15  leading to historic outmigration of generational residents, the greatest
    16  fears of those who opposed this project have been realized.  The project
    17  was  one  of  the  greatest  abuses  of  the  mystical standard known as
    18  "blight" accompanied by "eminent domain" that our state and  nation  has
    19  ever  seen.   The words, the process and our people were used and abused
    20  towards a predetermined end.   The Appellate Division of  the  New  York
    21  State  Supreme  Court  agreed  in 2009, finding in sum, that: The Empire
    22  State Development Corporation violated both state and federal due  proc-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03441-01-5

        S. 1203                             2
 
     1  ess  clauses  in  an  effort  to  prevent  affected property owners from
     2  obtaining necessary information.  ESDC's finding of blight  was  "bereft
     3  of  facts"  to establish true blight.  The ESDC's determination that the
     4  project  even has a public use, benefit or civic purpose was also called
     5  into question. Most troubling  of  all  was  the  pattern  of  collusion
     6  between  the  state  and Columbia, a private developer trying to utilize
     7  the state's power of eminent domain to take private property.  This  was
     8  clearly  evidenced  by  the ESDC and Columbia each hiring the exact same
     9  consultant to conduct the blight study that served as the rationale  for
    10  triggering  condemnation proceedings.   For several years, groups in the
    11  Harlem Community, such as the New York State  Interfaith  Commission  On
    12  Housing Equality, have been calling for the full repeal of this project,
    13  which,  naturally,  was not approved by the City Council, State Legisla-
    14  ture or any elected body whatsoever.  Since the project  is  still  open
    15  ended,  and  the  authorization  still  allows  actions to be taken that
    16  threaten the very existence of West Harlem and Washington  Heights,  the
    17  only sane approach is to repeal the plan.
    18    §  2. The Columbia University Education Mixed-Use Development Land Use
    19  Improvement and Civic Project Modified General Project Plan  adopted  by
    20  the  empire state development corporation on December 18, 2008 is hereby
    21  REPEALED.
    22    § 3. This act shall take effect immediately.
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