Bill Text: NY S09028 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-10 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S09028 Detail]

Download: New_York-2023-S09028-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9028

                    IN SENATE

                                     April 10, 2024
                                       ___________

        Introduced  by  Sen.  CLEARE -- 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-
    23  ess clauses in an  effort  to  prevent  affected  property  owners  from
    24  obtaining  necessary information.   ESDC's finding of blight was "bereft
    25  of facts" to establish true blight.  The ESDC's determination  that  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15206-01-4
        S. 9028                             2

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