New York’s top court upholds Columbia’s expansion plan
The New York Court of Appeals just released its decision regarding the Empire State Development Corporation’s use of eminent domain, and they’ve come down on the side of Columbia. The expansion plan is a go.
We’ll keep updating this post as we hear more. Stay tuned.
UPDATE (11:06 a.m.): A statement from President Bollinger, emailed to Spectator:
We are gratified by the Court’s unanimous decision and look forward to moving ahead with the long-term revitalization of these blocks in Manhattanville that will create thousands of good jobs for New Yorkers and help our City and State remain a global center of pioneering academic research.
Lee C. Bollinger
UPDATE (11:32 a.m.): We’re putting together a list of highlights from the decision here.
UPDATE (11:46 a.m.): By the way, in case you’re wondering how to refer to this case, here you go: “In the Matter of Parminder Kaur v. New York State Urban Development Corporation / In the Matter of Tuck-It- Away, Inc. v. New York State Urban Development Corporation, New York State Court of Appeals, No. 125 (Albany).” Rolls off the tongue, doesn’t it?
UPDATE (11:53 a.m.): A statement from Tom DeMott, from the Coalition to Preserve Community:
I think it’s a ruling that reflects the power of elitist institutions, and it’s one that will facilitate the eviction and the elimination of a great west harlem community. It’s one that will have national repercussions. I think it will yet another legal tool to allow elitist institutions, corporations, and ppl who live by great financial means to be able to displace low-income people from the communities from their communities.
Obviously there are still other legal recourse, so we have to wait and see about that. I would say I’m a realist and a decision like this, it definitely dampens the potential resistance to a degree. But we’re not going anywhere. We live here. And we’ll continue our resistance.
I absolutely love education, I love universities, I love colleges, I love the whole idea. It runs in my heart and soul and I care about little else other than the ability of ppl to be able to develop themselves in whatever way they can. The problem is that Columbia does not do that as a public institution. It does it in another way perhaps, and in the process of doing that I believe it censors out a great amount of the world that renders their educational process tainted. We are dealing with, in the world that we are in, an institution that provides services for a specialized group, that does not include a vast number of new Yorkers and Americans, and of course I’m talking about terms of class and race, but I think that the idea that they can going and grab this huge swath of land in harlem and basically steal it from these landowners and steal it from us, is abusive and not public use. I would disagree with the interpretation of those judges.
Us, that are not part of elite world that columbia serves. Columbia’s environmental impact statement says that over the buildup period over 5K ppl will be displaced, we know it’ll be more than that. If it were 50 it should be adjusted. But it’s not about the number, it’s about the whole way columbia has invaded a community and the way it thinks about it.
UPDATE (11:56 a.m.): A statement from the Empire State Development Corporation:
Empire State Development is very pleased with the Court of Appeals unanimous ruling in favor of the Columbia Manhattanville project. This confirms that the project complies with New York State law in all respects and that the acquisition of the holdout properties is essential to realizing the vision for the Manhattanville campus as it was approved by the State.
Empire State Development looks forward to achieving the many goals of the project, including: enhancing the City and State as international centers for higher education premier graduate programs and academic research; facilitating scientific advances through academic research; replacing underutilized, substandard and insanitary conditions with new educational, research, recreational, cultural and local retail facilities; and creating much-needed, park-like open space in the area.
This $6.3 billion project will be one of the largest to move forward this year, resulting in 14,000 construction jobs over 25 years and 6,000 University positions. The expansion of one of New York’s oldest educational institutions will enhance the vitality of both the University and its neighboring West Harlem community, while meeting the long-term needs of its residents.
UPDATE (12:53 p.m.): The News desk has filed its story here. Check back there for updates. As reports come in, we’ll post the highlights here.
UPDATE (3:37 p.m.): Our reporters keep hitting the phones. Here’s a statement from Norman Siegel, attorney for Nick Sprayregen:
We’re extremely disappointed. We respectfully disagree with the Court of Appeals’ decision, its reasoning, analysis, and conclusion. The decision sets a terrible precedent regarding the use of eminent domain in New York State. We intend to ask the Supreme Court of the United States to review the case. We’re beginning to put the papers together right now. This decision opens the door to even greater abuse of eminent domain in New York State. It’s the first time the court has held that a private educational institution can constitute a civic project.
UPDATE (3:38 p.m.): And here’s one from Ben Totushek, a SCEG member:
In general, there were a lot of overtly biased assumptions. They claim that the appellate court [Appellate Division] erred as a matter of law by conducting a de novo review of the blight studies based on the administrative record, but then they [the Court of Appeals] conduct their own … including taking the Earth Tech study’s findings as independent without meeting the main critique, which was that they [Earth Tech] adopted the methodology of AKRF wholesale. Instead they use the term ‘rubber stamp,’ which was never asserted. It’s a straw man that allows them to write off the whole argument based on there being no professional relationship between Earth Tech and Columbia.
They also only mention part of the role AKRF was hired by Columbia to perform, the EIS [Environmental Impact Statement], but they don’t mention that they [AKRF] also acted as Columbia’s consultant for advocacy purposes. In general, it’s a very one-sided and thus shallow portrayal. Not surprising, of course. This was the first time they’ve ever reversed a lower court decision disallowing eminent domain since the passage of the UDC Act. There clearly was plenty of bad faith that they had to hold their noses for in order to reach their decision.
The court’s decision is below.
“Us, that are not part of elite world that columbia serves. Columbia’s environmental impact statement says that over the buildup period over 5K ppl will be displaced, we know it’ll be more than that. If it were 50 it should be adjusted. But it’s not about the number, it’s about the whole way columbia has invaded a community and the way it thinks about it. ”
Tom, you’re “not part of elite world that columbia serves”? Puh-leeze. You’re CC ’88. Your worse than those trust fund babies who join the ISO.
This is great news. As someone who lives in the area and goes to Columbia, I’m thrilled about the direction the neighborhood is taking. Was a mini-storage place and some gas stations going to really hold up a global research institution? Which one contributes more to society? I love this area and may make my home here after graduation, especially now.
Tom DeMott (like many others) needs to learn the difference between elite and elitist. Columbia is definitely the former, but it is hardly the latter. Further, the limited access of poor people and minorities to Columbia is a societal problem which Columbia did not cause and which it works quite hard to counter.
I am sure that most of the activists think that this has something to do with things other than money but that’s all it is. 2 businessman and most of the 300 homeowners want to make money by blackmailing CU.Nothing wrong with them making money and I hope they do, but its important to remember that activists are enabling a business venture. By so doing, they are delaying medical research that could save lives and education that can make the world better. Their passion and good intentions should be used for real causes.
Bob, seriously…300 homeowners? Where did you get that?
The interesting question now is, what kind of timeline is the U.S. Supreme Court on? Granted, the fat lady is warming up, but she isn’t singing yet. But as President Bollinger said, “you don’t have to give up.”
BTW, the medical research that you’re talking about will occur, with or without a nice, oversize basement in Manhattanville.
And this may come as a shock to you, but some of the opposition is principled. I fully expect the CU expansion to raise my own net worth (I’m a homeowner in the area, if not the footprint). But I think the use of eminent domain is wrong. It’s a case of the rich and powerful taking what they want.
So, you might think my views are misguided, but I’m pretty sure they’re principled.
I think a lot of the supporters of ED think the end is worth the means. More research jobs, for instance. I happen to think that what’s good for Columbia is good for Columbia. And that’s about it. As employers, Ivy League universities are pretty awful, once you get past the upper crust of tenured professors and senior administrators. Much of the research will be conducted by (exploited, I would call them) grad students and miserably paid non-tenure track teachers.
I work in IT (in the private sector), and I’ve looked at CU openings in my area of expertise, I can tell you that they don’t pay anywhere near what you might call a living wage. Columbia is the 5th largest employer in the city, or something? Well, once you have a large employer dragging as many people as possible into indentured servitude (using a compensation model that hasn’t changed much since the middle ages), then you end up with a ravaged community. You don’t have to look far for a good example, just about 70 miles to the northeast, in fact. Yale University built up a staggeringly large endowment (the envy of CU) even as New Haven sank into what could only be called wretched poverty.
“As employers, Ivy League universities are pretty awful, once you get past the upper crust of tenured professors and senior administrators. Much of the research will be conducted by (exploited, I would call them) grad students and miserably paid non-tenure track teachers.”
Well screw my plan of getting my PhD, I’ll just hope Sprayregen has a job lifting boxes at his storage company instead. It’s clearly ‘better for the area’ right?
Didn’t you commies die out about 20 years ago?
Since Columbia University has been affiliated with Suez Environment’s United Water Company, the company that acquired Tyco EarthTech’s water division in 2008, it apparently is inaccurate for the Court judge to assert that no affiliation exists between Earth Tech and Columbia University. See following news items from 2008:
West Nyack, NY, Apr 11, 2008, 9:00 AM
Officials from United Water New York, the County of Rockland and Columbia University’s Lamont-Doherty Earth Observatory announced today a collaborative study of heavy metals and other constituents in the groundwater of Rockland County. The study will include the testing of wells located throughout the county, including those owned by both United Water and private property owners.
“We are pleased to work together with Rockland and Lamont-Doherty toward the shared goal of extending our knowledge of the county’s groundwater system,” said Michael J. Pointing, vice president and general manager of United Water. “At the conclusion of this study, private well owners and United Water will have a better understanding of the county’s groundwater and information that could aid in planning quality and supply projects.”
United Water regularly conducts tests of its water system on a wide number of constituents, including all of the heavy metals that will be examined in the study. Information about United Water’s comprehensive testing can be found in the company’s Annual Water Quality Report that is distributed to all customers in the spring of each year.
The groundwater study takes a more aggressive approach by testing eighty wells once quarterly over a four quarter period, including forty wells owned by United Water and twenty private well locations from the Montebello and Strawtown Road areas where traces of arsenic have previously been identified. The location of the remaining twenty wells will be determined jointly by the group.
“By performing this study we will be able to detect contamination in our water, which is crucial to the health and safety of our residents,” said County Executive C. Scott Vanderhoef. “We thank United Water and Lamont-Doherty for their efforts in the study and await the results.”
In addition to examining the presence of arsenic, the study will include tests for manganese, iron, sodium, chloride, sulfate, phosphate, alkalinity, and nitrate/nitrite. At the conclusion of the study, the three parties will jointly prepare a summary of the results.
“We’re happy to work with United Water NY and Rockland County on water quality and supply issues of long-term interest to all of us in the region,” said Prof. H. James Simpson, a geochemist at Lamont-Doherty. The other two Lamont scientists on the project are Steven Chillrud and Stuart Braman, also geochemists.
Lamont-Doherty, part of Columbia’s Earth Institute, has extensive facilities located in Rockland County and scientists who have been involved in the study of groundwaters in many locales around the world.
“This type of collaborative effort is a good example of how we can solve problems together. I thank County Executive C. Scott Vanderhoef for agreeing to devote considerable resources to the project and Columbia University for lending its renowned experts from Lamont-Doherty,” said Pointing.
About United Water
United Water provides water and wastewater services to 7.3 million people in the United States, including more than 270,000 people in Rockland and parts of Orange County. In addition to owning and operating regulated utilities, United Water operates municipal systems through public-private partnerships and contract agreements. Three of the nation’s largest water and wastewater contracts are operated by United Water. United Water is a subsidiary of Suez, a global leader in energy, water and waste services that serves more than 125 million people worldwide
PRESS RELEASE
28 JULY 2008
SUEZ ENVIRONNEMENT ACQUIRES SEVERAL WATER SECTOR ACTIVITIES
FROM EARTH TECH IN THE UNITED STATES
As part of the sale by Tyco of its Earth Tech division to AECOM Technology
Corporation, SUEZ ENVIRONNEMENT acquires several water sector activities. In
this transaction, SUEZ ENVIRONNEMENT acquires 130 O&M contracts and an
equipment sales company in the United States.
“Overall, this project offers SUEZ ENVIRONNEMENT the opportunity to
strengthen its positions in the United States and to continue developing the
fast growing Equipment business of its subsidiary, Degrémont,” said Jean-Louis
Chaussade, the CEO of SUEZ ENVIRONNEMENT.
WATER SECTOR IN THE UNITED STATES AND CANADA: ACQUISITION OF 130 NEW O&M
CONTRACTS AND ACQUISITION OF AN EQUIPMENT SALES COMPANY
The acquisition of 130 O&M contracts from AECOM Technology Corporation,
which accounted for approximately USD50m in revenues in 2007, will add to the
United Water business and help it become the number one water sector operator
in the North-East and the Mid-West regions of the US.
I haven’t read it but I was recommended to, its about ginvig you reasons to really evaluate things for what they are too keep us from being sad over stuff that aren’t worth it. Its on my books to buy list! Hope you like it, waiting for your feedback VA:F [1.9.15_1155]please wait…VA:F [1.9.15_1155](from 0 votes)
Do you have any idea how generous CU’s benefits package is? If you have kids, don’t your realize that CU will pick up either half or the whole tab no matter where they do?
1. Yes, it’s about 200 million. A small fraction of the billions that they plan to earn by developing basic biotech patents. And none of that revenue will be taxed. For instance, I’d rather have a real biotech corridor in Manhattanville, paying taxes, than an institution bent mainly on self-aggrandizement and tossing a few pennies from the tower.
2. Could you retry that question? I do have kids, and am wondering what the hell you’re talking about. Do? Do what?
Oh, I just realized what you meant…you mean the employee benefits, and not the community benefits agreement, which is what I initially thought you were talking about (ambiguity is the devil’s volley ball). Okay, I figure, if I worked for Columbia, rather than a succession of private companies, that would cost me about a million over the course of 20 years.
Thanks, I’ll fund my own kids’ education, skip a lifetime of renting in the outer fringes of the city and buy a place in the city.
In terms of the issue about the majority of the 300 families (I heard the number quoted somewhere) and the 2 businessmen being in it for the money- don’t you think they would leave if CU paid them 10 times the value plus a new residence.
There’s three separate case, here.
1. I’m pretty sure that there were never 300 homeowners in the footprint. There was one apartment building (currently under demolition) with a number of renters. Columbia bought that building and made arrangements to relocate all of the tenants. CU announced early on that eminent domain would never be invoked for residents in the footprint, and they were able fulfill that promise. Which is all to the good.
2. The gas station owners told the NY Times, in one interview, that they’d been offered a million dollars for their property, but didn’t think it was enough. My own sense (and I admit that this is my gut feeling on the situation) is that they would have taken a fair buyout offer. I’m not presenting myself as an expert on the value of businesses and land in Manhattanville, but I did think about this a bit. Gas station businesses in NYC seem to run about 300K. That’s just for the businesses–those prices did not include the land on which they sit. If you buy a gas station business in NYC otherwise, you’re still paying rent. We’re talking about 2 of the, both in prime locations in the last fill-up spot before you hit the highway. What’s the land worth? Probably the million that they say were offered, which is what the ESDC will probably dictate (and I use that word advisedly) as the fair market value of the land. So a rock-bottom offer would be 1.5M, maybe a little more. And we’re talking about a family that has literally bled in order to build a business–they lost a family member to an armed burglar at their Queens location.
3. Sprayregen is a less sympathetic figure, IMHO. I remember that he developed a plan to do a land swap with CU. He wanted a large tract just east of the footprint, on the other side of Broadway, so that he could build a 1000 units of housing. That never went anywhere, and he claims that he’s never been made an offer. In any case, regardless of Mr. Sprayregen’s Q factor, he should be able to decide what to do with his land, except in genuinely compelling circumstances. As far as I can tell, he’s being kicked out so that CU can build a nice basement and have an underground parking garage. It should be disturbing to anyone who values personal (property) rights in this country to think that only a multimillionaire could conceivably mount even the semblance of a vigorous defense against the loss of a home or business.
Do I think they would leave if CU paid them 10X? Definitely the Singhs and Gaurs. Sprayregen? Who knows. But in either case, I think the “fair market” compensation valuation is wrong. Would I take market value for my apartment? No. That’s why I’m not selling it. I like where I live.
But okay, so we’re going to have a system where someone who thinks they can do a better job of owning your property than you do can take it away from you. I always thought that some real notion of fairness should be built in to some clear legislation. Not a billion, but not a lowball offer that ignores the value of a business or the fact that a family has ties in a neighborhood. Maybe 2x or 3X market value. Ten times market value? Ten times the value? I hadn’t been thinking that big, but this is definitely a discussion worth having.
BTW, if anyone has a better sense of the business valuations here or the negotiations, let me know.
I would just highlight that the negotiations that may or may not have taken place with the Singhs and the Gaurs would have taken place under the dampened market conditions of a looming eminent domain threat. I hate to get hypothetical but there is a decent chance that Columbia offered the million because it was worth x% more than the market value at the time of the offer, but the Singhs might have known well enough to know that prior to any eminent domain announcement, that offer would be peanuts.
I engage in speculation because something like 48 businesses in the footprint all sold to Columbia under these same conditions, and they all signed gag orders. The million dollar figure you heard fits with that narrative, of Columbia perversely getting to pay LESS than fair market value for what should be a HIGHLY valued property, due to the fact that it is on their proposed project space.
Legislatively, there is the solution wherein any amount the state pays for compensation in eminent domain proceedings has to be tied to the market value before the state decides to pursue eminent domain in the first place. One could imagine a scenario in which the first thing a state must do in pursuing eminent domain is a property value study on the properties it is considering acquiring.
A third variable is the rezoning of the area. That was done as a political diversion, essentially. Any General Project Plan (GPP) in the state can bypass zoning laws, and the entire are that was rezoned is part of Columbia’s GPP. However, during the rezoning process, which allowed the politicians to buy into the project without the eminent domain albatross around their necks, the properties that did not belong to Columbia should have increased in value, perhaps ten-fold. Instead, the negotiations that were going on were apparently yielding offers like the one cited above for the Singhs’ gas station. The only decent explanation for this was the eminent domain procedure that was simultaneously taking place behind the scenes. The market is very sensitive to these things, and so is Columbia.
The idea of gag orders is itself very problematic, but you can’t stop Columbia for asking for it nor people for complying. So we don’t really know how bad or good of a deal those 48 businesses that left willingly were given. What we do know is that there were two holdouts who thought that it was worth a hail mary attempt to fight this abusive practice in court, and they just lost, hopefully not at the cost of their livelihoods. If the law was not written so that the state can conveniently offer people way less than the actual value of their property when taken by eminent domain, then people would have gotten fair offers from Columbia. INstead, Columbia seems to have used every lever at their disposal to get their property on the cheap.
“INstead, Columbia seems to have used every lever at their disposal to get their property on the cheap.”
As anyone would with the IQ above that of a squirrel. Hello. This is the real world. You’re not saving the fuckin’ manatees here. But I wouldn’t expect a communist like you to understand market-based economics (and before you retort with the obvious, I consider market-based economics to include all forms of arbitrage including legal and regulatory arbitrage).
Instead of the ad-hominems against people of the social justice variety, and instead of me performing some sort of stale economic routine to prove myself to some anonymous troll on a message board, how about you actually explaining wtf you are talking about.
” It should be disturbing to anyone who values personal (property) rights in this country to think that only a multimillionaire could conceivably mount even the semblance of a vigorous defense against the loss of a home or business.”
Really? Fuck private property rights. A capitalist market is inherently unfair and corrupt. The rich get richer and the poor get poorer. I have little sympathy for a multi-millionaire who’s extorting a nonprofit trying to redevelop the community for the better, and I certainly don’t think a knee-jerk defense of private property rights is appropriate. We all know that unfettered capitalism leads to economic inequalities, which is why we believe that the government should regulate the market. I see no problem with eminent domain being a tool that the government can use to protect economic equality. Arguments that amount to “the end is good, but I have a moral objection to the means” in this case are ludicrous. Eminent domain should not be a forbidden tool, but a tool that a government may use to further a redevelopment project that has been shown to be beneficial and approved by independent outside review groups and the proper regulatory agencies.
I don’t think there are any actual “homeowners” in the footprint. As far as I know, everyone who lives there is a renter. And there can’t possibly be 300 housing units in the expansion area. There are probably less than 100. Maybe there are 300 people living in them. But when discussing eminent domain, 300 people living in 100 rental apartments is very different from 300 homeowners.
Maybe five or six apartment buildings are in the footprint, and they’re all near the SW corner of Broadway and 133rd. That’s the northern fringe of the expansion area. Columbia is starting at the south and working its way north. It may not get to those buildings for 20 years or more. In the meantime, most of the current occupants will leave. If Columbia owns the buildings, it can then put employees or grad students into those units and have them sign leases that require them to leave when the university is ready to raze the buildings
Let me get this straight.
1. We have a case in which the state is taking away private property in the interest of the greater good (civic purpose).
2. The state is setting an arbitrary price for the transaction.
3. You read an argument by someone who is against this practice.
4. You called that person a communist.
Nice work there, Tail Gunner.
My calling Ben Totushek a communist has nothing to do with that reasoning (which I agree is prima facie a bit misleading). Ben Totushek actually is a communist.
…is not a communist.
-Ben Totushek
Ben, you honestly make me laugh. You bought into your own self-righteous prattling so deeply that you have no idea that to everyone else, your an an egotistical fool. You submitted an “amicus brief” to the Court of Appeals that took a “semester of research”!? Who the hell do you expect to take you seriously on this? For Chrissakes, you’re not a practicing lawyer. You’re not a graduate of law school. You’ve not even BEEN to law school. You’re not even a graduate of General Studies. You’re a current student. Unlike you, I am a practicing lawyer (and a GS alum). Your brief was poorly written and poorly argued but no need to even go there. Your pretensions of submitting essentially a school research paper to the highest court of the State and then somehow expecting them to TAKE YOU SERIOUSLY are what strikes me here as patently absurd. And to sign it on behalf of ALL COLUMBIA STUDENTS who might have issue with the expansion (me being one of them)? And then to try to tug at some judge’s heartstrings with stories about the hunger strike? Are you an administration plant supposed to discredit the SCEG idiots (who haven’t even updated their website since 2007?)
Let me get this straight. You read a little about me and SCEG’s brief from the m’ville coverage of this fine publication, you throw a few poorly worded insults around, and we’re all supposed to believe that you, a “practicing lawyer,” know anything about eminent domain procedure law? Forget about the fact that your post is devoid of any legal substance. Why would a practicing lawyer have the time or the interest to attack me or the students who’ve sided with the community being displaced over some barely-read college message board? Don’t get out of your Mom’s basement much do ya? Must be air conditioned down there.
For the record, I never claimed nor stated in my brief that I was speaking for “all columbia students opposed to the expansion.” I was being careful to call it a brief on behalf of SOME students against the expansion, because legally a non-lawyer cannot file a brief on behalf of a registered student group. The brief makes it clear, however, that I am a member of SCEG and that this argument is written in response to their wishes and their work.
You know, you can sling all the mud you want but it really just reflects poorly on you. Say what you will about SCEG or myself, but at least they have done more than just wine and make anonymous vicious attacks against their political rivals on message boards. Your tone and tactics strongly suggest you are one of these and not a true active member of the discussion.
Also, scegblog.wordpress.com has been updated much more recently than 2007. Soon it will be again, with a pdf of our brief that you and the rest of the community can review for yourselves. In the meantime, relax. It’s summer. How’s that ac feel, honestly?
why are you spamming this board? do you not have a job or something? you’ve made your points, now move on. your whining reminds me of second grade.
Ah, you’ve found me out. I didn’t really have an interest in talking about the degradation of rights, here in my own backyard. I actually wanted help in moving 20 million dollars out of the country. I can give you 5% as a gratuity. Complete discretion is assured.
you didn’t leave contact info. scammer fail. judging by your whining above in the anonymous comments of a blog that very few people read in the summer, i don’t think i really expected anything better.
I used 300 households before- I see i was wrong- only 300 people, if that- sorry.
I was thinking today that its funny, but I have an opportunity to use the MTA as an example of an efficient manager. They needed several dozen apartments for the second avenue subway project and paid 5x rent + (don’t recall the exact amounts) to get what they needed. In the long run, it saved them $ in the legal fees, not to mention time delay , associated with the eminent domain cases the tenants would have filed if they had only been offered say twice their rent.
Harlemite…is that you? Lol. You really had me going there, especially if that is you. The reason that I’m here spamming and whining on a board that nobody reads in the summer is that I was genuinely a bit upset at the court’s decision. But you put a real smile on my face. And you’re right. I should be quiet and concede graciously.
Peace.
Tom de Mott (or as he chooses to spell it, “Demott”), a graduate of an “elitist” Columbia, now taking up the banner of the oppressed, pretending he’s one of them.
Kind of like state senator Bill Perkins, a Brown graduate, which he talks about less than Obama talks about Columbia.
To be fair, if you went to Brown would you admit it?