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May 6, 2010
Another look at the Peter Williams case: did easement come with building and could it be sold to opponents?
Atlantic Yards Report
WNYC reports on the case brought by Peter Williams Enterprises (PWE):
He says the state took his property by eminent domain but forgot about air rights he acquired above an adjacent building nine years ago.
...Forest City Ratner says Williams never owned the air rights but instead a light and view easement that he forfeited when he gave up his building.
The lawsuit says that PWE was conveyed "certain property above the plane" of 24 Sixth Avenue, including, as noted in the underlying document, "the right and interest of light and air."
So that's property, but it isn't "air rights" in the sense of the right to build.
Does easement go with building?
It's plausible that a property owner would lose the benefit of an easement when that property is sold; as described in FindLaw, some easements typically remain with the property while others do not.
With the former, the "easement essentially becomes part of the legal description." However, as Williams's lawsuit states, the easement was never described in eminent domain proceeding.
And another twist
The New York Post reports:
Williams told the Post he was contacted by project opponents who are in the process of raising money to buy the air rights before Ratner can. He declined to give his asking price but said he’d "prefer" to sell to the opponents because he considers Ratner a "bully."
A former Prospect Heights property owner says he still owns air rights over a small parcel where the Atlantic Yards arena is being built.
Another lawsuit has been filed aimed at halting the Brooklyn development that includes a new arena for basketball's Nets.
Gothamist, Atlantic Yards Faces "Air Rights" Hurdle
Bruce Ratner must have exhaled a sigh of relief when outspoken nemesis Daniel Goldstein finally agreed to vacate the last apartment in the footprint of his multi-billion dollar Atlantic Yards site last month, giving way for the humongous project to begin construction. But just because no one is physically in his way anymore doesn't mean Ratner doesn't have to contend with more ethereal concerns!
Can't Stop The Bleeding, Final Atlantic Yard Holdout To Ratner : You Paid For The Ground, Now Cough Up For The Air
While Bruce Ratner was finally successfully in paying Develop Don’t Destroy Brooklyn’s Daniel Goldstein to leave his Brooklyn home, another local resident is presenting a separate challenge to plans to build a new Nets arena.
Posted by eric at May 6, 2010 10:36 AM