411.2002
RESOLUTION AUTHORIZING COMMENCEMENT OF EMINENT
DOMAIN PROCEEDING IN CONNECTION WITH CREATION OF SOUTH
QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT
RESOLUTION NO.: 411, 2002
INTRODUCED BY: Mr. Daniel Stec
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, as part of the Project, it will be necessary to run a sewer line across property
owned by the Niagara Realty Statutory Trust and also across property owned by 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 properties over which easements are proposed to be acquired are located
along Apollo Drive to the south of Quaker Road, north and south of the Queensbury-Whitehall
Transmission Line Right-of-Way, Queensbury, New York, a portion also being in Glens Falls,
New York and include portions of properties identified as Tax Map No’s. 303.14-1-33,303.10-1-
10 and 303.15-1-17, and
WHEREAS, the Town attempted to negotiate with the property owners to obtain the
necessary Project easements but it appears that the Town will not be possible to obtain consent
easements in a timely fashion, and
WHEREAS, in accordance with Eminent Domain Property Law §201, the Town Board may
exercise its rights to acquire such easements by eminent domain property rights in order to serve a
public purpose, and
st
WHEREAS, on October 21, 2002, the Town Board held a public hearing 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 the
Town Board heard all persons interested in the proposed project,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, in accordance with the New York State
Eminent Domain Procedure Law, hereby determines that acquisition of the real property rights
referred to in the preambles of this Resolution will serve a public purpose since there are no
feasible alternative locations for the necessary easements, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the commencement of
the necessary Eminent Domain proceeding, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Counsel to file
any necessary documentation and take any and all action necessary to commence such proceeding
and effectuate all terms of this Resolution.
st
Duly adopted this 21 day of October, 2002, by the following vote:
AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES : None
ABSENT : None