NOTICE OF PUBLIC HEARING UNDER EMINENT DOMAIN PROCEDURE LAW NOTICE IS HEREBY GIVEN that pursuant to Sections 201 and 202 of the New York State Eminent Domain Procedure Law (the "EDPL"), a Public Hearing will be held by the Mohonasen Central School District (the "District") Board of Education (the "Board") on the 9th day of February, 2009 at 6:00 p.m. local time, at the Mohonasen Central School District High School, the Farnsworth Technology Center, 2072 Curry Road, Schenectady, New York, in connection with the following matters: At the Public Hearing the Board will consider the proposed acquisition, through condemnation, of certain real property at 1036 Serafini Drive, Rotterdam, New York, (the "Property) further identified by the Schenectady County tax maps as section, block and lot number 71.5-2-1 which runs along the southern portion of the existing middle/high school property of the district. The real property is approximately 17.5 acres, dependent upon whether the residence is included. The Board is considering the acquisition of the Property so that it may construct a new bus garage and construct and expand the high school playing fields. At the Public Hearing the Board will outline the purpose and proposed location of the proposed public project and any other pertinent information regarding the proposed project. At the Public Hearing, the Board will provide all interested parties with a reasonable opportunity, both orally and in writing, to present their views on the location and nature of the proposed Project. A record of the hearing will be kept and copies will thereafter be available to the public for examination without cost during normal business hours at the District offices. Dated: January 13, 2009 Mohonasen Central School District By: /s/ Dr. Kathleen Spring Superintendent of Schools Mohonasen Central School District 2072 Curry Road Schenectady, New York 12303 1-17,18,19,20,21 3460
Hmm. A school board voting on a matter this important, that will benefit them ONLY.
I think I've got a problem with that. No, in fact, I DEFINITELY have a problem with that.
For a BUS GARAGE??? WTH?
"Everyone who exalts himself shall be humbled, and he who humbles himself shall be exalted" (Lk 14:11) "Let his days be few; and let another take his place of leadership." Psalm 109:8
Public Use Ordinarily, a government can exercise eminent domain only if its taking will be for a "public use" - which may be expansively defined along the lines of public "safety, health, interest, or convenience". Perhaps the most common example of a "public use" is the taking of land to build or expand a public road or highway. Public use could also include the taking of land to build a school or municipal building, for a public park, or to redevelop a "blighted" property or neighborhood.
This is not a school it's a bus garage and will serve the Mohon District only not the rest of the town so the people in the Schalmont district would be excluded unless the two districts merge then it may be OK to seize the land.
Isn't this right across the street from the former town attorney's house (DeLorenzo)?
"Everyone who exalts himself shall be humbled, and he who humbles himself shall be exalted" (Lk 14:11) "Let his days be few; and let another take his place of leadership." Psalm 109:8
ROTTERDAM School may try to seize property 17.5-acre site eyed for athletic fields and bus garage BY JUSTIN MASON Gazette Reporter
The Mohonasen Central School District may use eminent domain to seize part of the O’Hare property off Serafini Drive if it is unable to come to a purchase agreement with the owners. District officials started the process to seize the 17.5 acres so part of the land can be used for a bus garage and athletic fields. Mohonasen first began discussing a purchase of the property with the O’Hares in 2007, but decided to launch an eminent domain proceeding when the landowners disputed a district appraisal. “They certainly could get their own appraisals and we could negotiate from there,” Superintendent Kathleen Spring said. Contacted at her home Friday, Adreinne O’Hare said the appraisal of the land offered by the district was far below its actual value. She said the land is part of a proposed subdivision, which would be ruined if the district takes part of the land via eminent domain. “It’s unacceptable,” she said of the district’s appraisal. The property is located along the state Thruway and is bisected by power transmission lines. With its home and barn, the parcel was assessed at $240,000 in 2007, according to town records. Mohonasen has scheduled a public hearing on the eminent domain proceeding at the Farnsworth Technology Center on Feb. 9. During the hearing, district officials will review the proposal and accept public comments. Spring said the land is in the most logical area for the campus to expand. Only a cluster of trees separates the property’s northern boundary from Warrior Path, the loop that wraps around Mohonasen’s main campus. The district has discussed building a 45-bay bus garage as part of a capital project that is being planned. Spring said plans for the project are still in flux, meaning the actual size of the garage and number of athletic fields may change before it is put up for a referendum vote either in May or September. “We haven’t decided on the scope of the projects,” she said. “We’re still in the exploration phase.” Spring said the district has considered a number of different areas for the project, but has come to the conclusion that the O’Hare property would be the best suited for the plan. The district’s main campus is landlocked by residential developments off White Birch Court, Helderberg Avenue and Manas Drive. “We’ve explored other options for the community,” she said. “We think this is the best solution at this point.” As a public entity, the district is entitled to attempt a takeover of the land through eminent domain. If successful, Mohanasen would pay fair market value for any property it seizes. The Schuylerville Central School District recently completed such a seizure when it grabbed a 3-acre former railroad bed to accommodate a new access road for an expansion project in 2007. Landowner James Doyle challenged the eminent domain proceedings in state Supreme Court, which ultimately ruled in favor of the district. Spring said Mohonasen is still hoping to negotiate with the O’Hares instead of acquiring it through eminent domain. She said the district is even amenable to a solution that would allow the O’Hares to keep their home and some of their property. “I don’t think..............http://www.dailygazette.net/De.....amp;EntityId=Ar00102
If Mohon really wants the property have the property appraised by a neutral 3rd party and pay the land owner what the property and if the district doesn't have the money well that's too bad for them. The days of just offering a person what you want to pay for their property and then taking it when the offer is unacceptable are over.
I can not believe that they are going through the court to get this property...these people worked hard there whole life now mohonasen school district wants to steal this land from them...unreal
This is terrible, really really terrible. We should send a message to these clowns first that we don't need a Bellagio-style bus garage, second that stealing the land like that is even worse.
Re Jan. 24 article, “School may try to seize property”: On Feb. 9 the Mohonasen school district is holding a meeting to use eminent domain to make the O’Hares sell their land next to the high school for a new bus garage. We all have been affected by high fuel costs, the mismanagement of Wall Street, bailouts, job losses, etc. Now the O’Hares get another jolt by being told they have no choice, not only whether they want to sell, but also to whom they must sell their land. God Bless America!
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