South Nyack neighbors still ‘being squeezed’

Robert Wisner stands in his South Nyack backyard, where about one-third of his property was recently taken by the state through eminent domain proceedings to be used for the bike and walking path that will be part of the new Tappan Zee Bridge, on March 27, 2014. His two-family home was left out of the deal.

While we managed to get out, many of our neighbors are still trapped in a situation that grows worse each day.  See this recent Journal News article by Khurram Saeed and Theresa Juva-Brown:
http://www.lohud.com/story/news/local/tappan-zee-bridge/2014/04/01/tappan-zee-bridge-s-nyack-neighbors-still-squeezed/7187551/

Still Living in Limbo

On November 28 Newsday ran the headline:  “State vows end soon for South Nyack homeowners in ‘limbo’ over Tappan Zee Bridge.”  It is now June, and little has changed.  At a meeting in January 2013 we were informed that Tappan Zee Constructors, the company hired to build the new bridge, would purchase our properties and use them to house project employees.  The plan was to move quickly so that our situation could be effectively and speedily resolved.  Finally, appraisers hired to do appraisals of our property arrived this past week.  Once completed, I requested a meeting so we could move to the next phase.  This is the response I got:

“Once we receive all of your appraisals, I will review with our team and the Thruway will review as well. At that point, I can reach out to you to schedule a meeting to discuss the average of the appraisals and offer price.

I would like to wait until we get the appraisals and do the appropriate review to set the meeting so I do not have to change the date with you from speculating today.”

So it looks like this could drag on for another few months, meaning that we will spend yet another summer “living in limbo.”

Troubles on the Bay Bridge

Photo credit: NYnewbridge.com, California Department of Transportation | At left, an artist’s rendition of the design for the new Tappan Zee Bridge that was selected by the state Thruway Authority. At right, work under way to demolish old ramps leading to the Bay Bridge on the Oakland, Calif. end.

The company hired to build the new Tappan Zee bridge is the same company hired to build the new San Francisco-Oakland Bay bridge.  According to Newsday the Bay bridge is years behind schedule and billions over budget:

“The Bay Bridge is a prime example of the huge cost overruns incurred with the traditional strategy. In the 24 years since California officials began planning it, the cost of the six-mile span has risen from $1 billion to more than $6.4 billion. Initially slated to open in 2007, the Bay Bridge is now six years behind schedule, and counting.”

Read more . . . .

Toll Plaza in South Nyack!

Photo credit: Xavier Mascarenas | The toll plaza for the Tappan Zee Bridge at midday in Tarrytown. (Jan. 11, 2013)

In the news this week:

“The New York State Thruway Authority and its bridge contractor, Tappan Zee Constructors, are looking to put up overhead steel frames equipped with toll-collection equipment over Interstate 287 near Interchange 10 in South Nyack.”
Read more . . . .

Seriously?  After 5 years of public hearings in which community input was incorporated into the DEIS, they can announce a design change that was never even hinted at before?

South Nyack is screwed . . . .

Tappan Zee Constructors to buy, and possibly rent, South Nyack homes

Melissa and Pete McDonagh with Finn, Colin, and River

“The long-running legal roller coaster for five South Nyack homeowners is inching toward a resolution as state officials confirm that their houses will be bought to serve as residences for top managers and executives who will be working on the new Tappan Zee Bridge.”

“Other residents are closely monitoring the deal, hoping that they might be able to rent their properties to contractors involved in the $3.9 billion bridge project. ”

Read more . . . .

Still Living in Limbo

On November 28 Newsday ran the headline:  “State vows end soon for South Nyack homeowners in ‘limbo’ over Tappan Zee Bridge.”  It is now March and nothing has happened.  In two weeks I will celebrate a second birthday “living in limbo.”  Meanwhile, we continue to hear about delays in the project (only 30% of the design has been completed to date), and rumblings about mass transit (which would surely put us back into play for eminent domain taking), not to mention questions about funding resources that continue to cast doubt about the scope and length of the project.

We continue to shop for a new home, yet several potential properties have been sold while we wait for some clear sign that something will actually happen.  Our confidence is eroding, and we are beginning to think that we have been taken — once again.

Condemnation Blight

“Condemnation blight refers to an action that is brought by a property owner for compensation from a governmental entity that has taken the owner’s property without bringing formal condemnation proceedings. Condemnation blight brings a debilitating effect upon value of a threatened, imminent or potential condemnation. In cases where true condemnation blight is present, a claimant may introduce evidence of value prior to the onslaught of the affirmative value-depressing acts of the public authority. In addition, compensation will be based on the value of the property for the purpose of debilitating threat of condemnation.”
[Long Island Lighting Co. v. Assessor for Brookhaven, 246 A.D.2d 156 (N.Y. App. Div. 2d Dep’t 1998)].

“Condemnation blight is a reduction in the value of condemned property that results due to the prospect of eminent domain and occurs between the time that the property is first considered for public acquisition and prior to the date of the actual taking. This chapter describes situations in which condemnation blight occurs; the rationale and methods for valuation of condemnation blight; and other noninvasive takings, such as when condemnation blight affects the remainder of land not condemned and when abutting landowners whose land is adjacent to condemned land suffer a diminution or enhancement in land value.”
Julius Sackman; Russel Van Brunt; Patrick J. Rohan; and Melvin Reskin 

Eminent Domain Insurance

I have an idea:  there should be “eminent domain insurance!”  We have insurance for just about everything; how is it possible that we don’t have insurance to protect the largest investment that most people make in their entire lives?

Indeed, not only should there be eminent domain insurance — it should be mandatory, and it should be administered by State and Federal agencies (the same agencies that are screwing you by eminent domain).  At least it might provide some protection.

If there had been eminent domain insurance, I would have bought it.  I read that in California, where eminent domain takings seem to be out of control, some private companies are starting to offer it . . . .

Eminent domain insurance could also be used to compensate businesses and families living in the vicinity of condemned properties, and whose properties have been de-valued because of proposed construction projects.   If Mayor Bloomberg can ban sugary drinks to protect public health, it seems to me that there should be better public protection for property owners victimized by large public construction projects.

Maybe I need to start a petition . . . .

Public Good?

Almost a Month Later, No Tappan Zee Transit Task Force

by Sam Handler

“In its current state, the Tappan Zee Bridge project will not solve the region’s congestion problem . . . .”

Read more . . . .