403.2002
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
ACQUISITION OF PROPERTY RIGHTS BY EMINENT DOMAIN
RESOLUTION NO.: 403, 2002
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, by Town Board Resolution No.: 224,2002 the Town Board adopted its Final
Order approving creation of the South Queensbury – Queensbury Avenue Sewer District, and
WHEREAS, the land surveyor who has worked with the Town to determine the technical
requirements of the project has indicated that a line will need to be run across the property of the
Niagara Realty Statutory Trust, and also across property of the City of Glens Falls Industrial
Development Agency, which, upon information and belief, is under contract with the Niagara Realty
Statutory Trust and therefore the Niagara Realty Statutory Trust holds equitable title,and
WHEREAS, the Town has attempted to negotiate with the property owners for easements
necessary for the project and at first believed there would be no difficulty in obtaining the easements,
and
WHEREAS, it now appears that it will not be possible to get consent easements in a timely
fashion, and
WHEREAS, the Town Board believes that it may be necessary to exercise its rights to acquire
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the easement by eminent domain property rights in order to serve a public purpose, and
WHEREAS, Eminent Domain Property Law §201 requires the Town Board to hold a public
hearing prior to commencing a proceeding to acquire property rights by eminent domain,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on October 21,
2002 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to inform the
general public about the project, review the public use to be served by the project and the potential
impacts on the environment and the residents of the locality where the project is to be located and to
hear all persons interested in the proposed project, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
publish a Notice of Public Hearing in at least five (5) successive issues of the Glens Falls Post-Star
commencing at least ten (10) but no more than thirty (30) days before the date of the public
hearing, and
BE IT FURTHER,
RESOLVED, that this Resolution shall take effect immediately.
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Duly adopted this 7 day of October, 2002, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES : None
ABSENT : None