172.2004
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
ACQUISITION OF PROPERTY RIGHTS BY EMINENT DOMAIN AND
AUTHORIZING APPRAISAL OF EXXON/MOBIL STATION PROPERTY
EASEMENT ON ROUTE 9 IN THE TOWN OF QUEENSBURY
RESOLUTION NO.: 172. 2004
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, by Town Board Resolution No.: 113,2003 the Town Board adopted its Final
Order approving creation of the Route 9 Sewer District, and
WHEREAS, the engineer working with the Town has determined the technical requirements of
the Project and has indicated that a line will need to run across the property of the ExxonMobil Station
on Route 9 identified as Tax Map No.: 288.16-1-3, and
WHEREAS, the Town has attempted to negotiate with the property owner for an easement
necessary for the Project but it appears that it will not be possible to get a consent easement, and
WHEREAS, the Town Board finds it necessary to exercise its rights to acquire the easement
by eminent domain in order to serve a public purpose, and
WHEREAS, the Town is required to compensate the property owner for the property
rights obtained, and
WHEREAS, the Town Board wishes to obtain an appraisal of the value of the easement
across the property, and
WHEREAS, the Town has in the past relied upon the appraisal services of Empire State
Appraisal Consultants, Inc., and has found their work to be thorough and accurate, and
WHEREAS, Eminent Domain Procedure 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
th
RESOLVED, that the Queensbury Town Board shall hold a public hearing on April 5, 2004
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 the Queensbury Town Board hereby authorizes the Town Supervisor
to engage the services of Empire State Appraisal Consultants, Inc., to provide an appraisal value
of the easement over the property identified as Tax Map No.: 288.16-1-3 for a total cost not to
exceed $1,800 to be paid from the appropriate account as determined by the Town’s Budget Officer,
and
BE IT FURTHER,
2
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign
any documentation, including a contract for appraisal services, and the Town Supervisor and/or Town
Counsel to take all action necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution shall take effect immediately.
th
Duly adopted this 15 day of March, 2004, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES : None
ABSENT : None
3