Directs the commissioner of parks, recreation and historic preservation to take a parcel of land by the eminent domain procedure for the Rogers Avenue community garden

Section 2: Effective Date

Existing law

No current law dealing with property located at 115 Rogers Avenue in Brooklyn

Justification

In the past, seemingly abandoned property was seized by the City of New York and sold to independent developers, who cultivated the property for private/personal means. As such, this legislation by no means attempts to usurp one's legal right to property ownership through the exercise of eminent domain. However, when dilapidated buildings fall into a state of disrepair and become excessively delinquent in city, school, property and water taxes it is often in the best interest of the neighborhood, city and state to bequeath said property for public use. In this instance, to a community organization that has a proven history of positive community engagement, while increasing the overall growth and development of the neighborhood.

In the 1970's, 115 Rogers Avenue housed HUB Hardware and Plumbing. By the late 1970's or early 1980's, the owner of HUB Hardware and Plumbing disappeared, abandoning the property entirely. As far as research dictates, the property stood abandoned and dilapidated for the next several decades.

In 2006, the building structure that once housed HUB Hardware and Plumbing became unstable and began threatening the foundation of the building adjacent to the property. The Crown Heights Youth Collective (a juvenile outreach group housed next door to the abandoned HUB Hardware and Plumbing building), petitioned and received permission to have the derelict structure demolished, an action whose costs, while essential, contributed to the accumulation of liens against the property.

The Crown Heights Youth Collective building residents received the City's approval to create a green space after the lot was cleared and subsequently Roger That! Garden was created as a community effort to encourage neighbors to garden together in an environment affected by poverty, obesity, and food deserts. Over the past nine (9) years, the residents of Crown Heights have made exceedingly positive and community-oriented benefits to the area.

Volunteers invested in Roger That! Garden sought to locate the property's owner in an effort to properly possess the property (including offering to pay a sum of $15,000). Unfortunately, numerous attempts to locate the property's owner were unsuccessful.

However, in 2013 while applying for a grant, it was learned the deed had changed hands. According to property records on file with the city, TYC Realty apparently tracked down Hub Plumbing, Hardware, Sales & Services owner Dudley McLachlan in Port Richey, Florida, and he reportedly signed over the deed for a shockingly low price of $10.

In January 2013, NYCTL begins foreclosure process to satisfy the tax debt and one year later in January 2014, TYC Realty demands that the gardeners vacate the property.

Motivated by their deep-rooted commitment to the garden and their community, Roger That! Garden volunteers raised money and awareness over the next five months in an attempt to make a purchase offer and partnered with Brooklyn Queens Land Trust as a fiscal sponsor, further demonstrating the community's investment in this cause. TYC rejected their initial purchase offer and demanded $500,000 for the property, later increasing their demand to unreasonable amounts of $1m and $1.5m.

To date, the tax liens for current property taxes (approx. $8000/year) has accumulated in excess of $300,000. and TYC has not paid back existing liens, and such laissez-faire actions draw into question their true intent with the property.

As such, since Roger That! Garden volunteers exercised every effort to secure the property legally and have invested nearly a decade into cultivating a garden beneficial for the entire community, and the current property owners obtained the land through questionable means and have continued to let liens accumulate on the property, we believe the best course of action is to acquire the property through eminent domain and permit Roger That! Garden to continue to flourish.

Legislative history

New Legislation

Fiscal implications

Fiscal Impact to the State to be determined by land acquisition cost as well as there will be future costs to operate and maintain the newly created park.

Local fiscal implications

None

Effective date

This act shall take effect immediately.