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April 13, 2010
ESDC pushes for eviction order by April 21; lawyer for some condemnees says timeline is unlikely, given judge's desire to avoid role of sheriff
Atlantic Yards Report
After yesterday's hearing on the case challenging the Empire State Development Corporation's (ESDC) 2006 Determination & Findings to pursue eminent domain, I also inquired about a hearing April 9 before Kings County Supreme Court Justice Abraham Gerges regarding the condemnation process.
Bottom line: the ESDC wants to get an eviction order after an oral argument in court on Wednesday, April 21; attorney Matthew Brinckerhoff thinks it's unlikely.
...What happened April 9
Brinckheroff said that the lawyers discussed "very specific details of the valuation process," including the provision of advance payments, which are necessary in order for people to seek new premises even though they may no longer have title to their property.
ESDC lawyer Charles Webb, according to Brinckerhoff, said such payments would be available within two weeks of fulfilling certain conditions.
"They also presented an order to show cause," said Brinckerhoff. "They want to make a motion requesting an order allowing them to get the sheriff to evict everybody. That was made returnable for argument on April 21."
Soon or later?
That could lead to a writ of assistance, essentially an order of eviction issued by the court. "There's a very strong argument that it's incredibly premature," Brinckerhoff said. "Normally that's a process that takes many, many months."
The ESDC's justification, he said, is that "the developer is losing something like $7 million a month" on carrying the property. (He later said he wasn't certain of the figure; I haven't seen the document yet.)
NoLandGrab: If that's the case, than the ESDC and Forest City Ratner could solve the problem by making reasonable compensation proposals to the property owners, rather than the ridiculous low-ball offers they've put forth.
It's actually somewhat comical that the state and city have been profligate with Ratner, but now that only a handful of property owners remain, and they're this close to completing site assemblage, they open their wallets — and moths fly out.
Posted by eric at April 13, 2010 2:09 PM