entitled, “Citizens vs. the Threat of Eminent Domain” as it relates to the impact of current proposals set forth in the MTA-LIRR-NYSDOT’s “LIRR Mainline Corridor Improvement Project”. Historically, in cases that involve eminent domain, homeowners whose properties have been identified as “condemned” are at risk for serious economic hardship since the proposed compensation is often significantly less than if these residents sold their homes privately. Thus, our New Hyde Park neighbors, the "human costs" of these proposals, will be forced out of our community. It is also important to note that the resulting loss of tax base will burden the remaining taxpayers who reside in our community. Additionally, while our school district could be compensated if it lost its own property to such projects, it cannot be compensated for the loss of tax base that results from the condemnation and elimination of residential homes and businesses in the area. Thus, the remaining taxpayers, all the citizens who reside the "11040" area, will be forced to pick up the costs which result from condemnation in the form of higher school taxes and higher property taxes.
The first keynote speaker, Mr. A. Thomas Levin, Esq., who was honored with the "2006 Public Interest Attorney of the Year" Award by the
The second keynote speaker, Mr. Edward Gutleber, Esq. is an expert in the area of eminent domain law and he represents property owners in appropriation damage claims. Prior to joining the law firm of Meyer, Suozzi,
English & Klein P.C., he served as Deputy Chief of the Municipal Services Bureau, Real Estate and Condemnation Unit, of the Suffolk County Attorney’s Office and as a principal litigation attorney in county condemnation and real property tax cases. Mr. Gutleber was a member of the NYS Bar Association House of Delegates from 1994-2002 and elected as a Fellow of the NY Bar Foundation in 1999, and the recipient of the Suffolk County Bar Association’s Award of Recognition in 1990 and 1995.
The evening was devoted to learning the theory and practical applications of eminent domain law. The harsh economic realities that will be imposed on our community as a result of the proposed condemnation and elimination of homes and small businesses in New Hyde Park quickly became evident on the faces of those present in the audience. While this project will impact other communities along the mainline, New Hyde Park faces significant and serious challenges in the near future. It is important to note that both Mr. Levin and Mr. Gutleber agree, “The courts in the end do not second guess the wisdom or the merits of the decision…that is a political decision...Projects more often get defeated politically than in the courts." Save Our Village extends our appreciation to both these experts for their time, their consideration, and their dedication in helping our neighbors who will potentially face serious hardship in the near future as well as helping our community, in general, which faces an uncertain economic future as a result of these current proposals.
Our special guest, Senator Craig Johnson of the 7th Senate District addressed the audience regarding the local and regional impact of the LIRR Project and his views on the issues. It is important to note that Senator Johnson reiterated that he is against the Third Track Project “and will continue to be against the Third Track Project until the MTA presents a clear plan to the community that is approved – and this is most critical – that it is approved by you the residents, by your local civic organizations and by the local officials."
