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Thursday, January 26, 2006

YONKERS INSIDER: Reisman does column on a movement in Albany to soften the impact of Eminent Domain - By Delfim Heusler

Reisman does column on a movement in Albany to soften the impact of Eminent Domain.

Phil Reisman, A Journal News Columnist does a Journal News Column on a growing movement in Albany in the State Legislature to soften the impact of Eminent Domain. State Legislators like Richard Brodsky, Adam Bradley are putting legislation on the floor to protect the property owner from the Govt’s ability to take away the property owner’s homes. Property rights are becoming a major issue nationally & on a Statewide basis as well. Also on the County level, where Legislators James Maisano & Tom Abinanti have made legislative progress on this issue. Abinanti is seeking the Brodsky seat in the NYS State Assembly, this current year.

Eminent Domain is a power that should be less used. Property Owners rights should be protected by the gov’t. It should not be taken away by the gov’t. The Yonkers Insider applauds Adam Bradley for his efforts on his recent bill that will go to the floor. Eminent Domain in places like Port Chester & also other parts of Westchester County. This whole issue was brought to light in a Supreme Court decision having to do with a case in New London, CT. It was a controversial 5-4 vote.

The problem will be is that the developers & the lobbyist who give money to these legislators will try to make sure that their contributions stall this movement of stopping Eminent Domain.

Bradley’s bill is called A09473. The current draft bill has four components.

• It calls for the option of a jury trial to decide any claim involving a private residence or a business with gross receipts of less than $1 million.

• It requires that the property owner receive compensation "at least equal to the actual cost of purchasing an equivalent property in a similarly situated location with a similar structure on the property."

• The bill demands that property owners be reimbursed for their legal fees and court costs.

• It calls for the reimbursement of all moving expenses and mortgage closing costs.
Bradley said the possibility of placing the issue of fair compensation into the hands of an impartial jury was the key piece of the legislation.

We at The Yonkers Insider wish Bradley well on his well thought out bill. This going to take courage from legislators in Albany to tell the developers & big campaign contributors no & that we need to protect the property owners from Eminent Domain. If nothing is done, Property rights will be a major issue in this year’s State Legislature elections. If there is inaction in Albany. We need to protect people’s property of ever growing powerful gov’t. The legislators need to take a stand, if not then the people must be heard at the ballot box & have those who won’t stand for them replaced by new people, who will put property owners rights ahead of the gov’ts power to take away their property. If anybody has stories of Eminent Domain being used in the County of Westchester & the State of NY. Email the Yonkers Insider at:heuslerformayor@yahoo.com with your story.

We will look at the facts & will do a story on any specific cases of Eminent Domain being used

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