476.2002
RESOLUTION AUTHORIZING DETERMINATION AND FINDINGS
CONCERNING ACQUISITION OF PROPERTY RIGHTS BY EMINENT
DOMAIN RELATED TO SOUTH QUEENSBURY – QUEENSBURY
AVENUE SEWER DISTRICT
RESOLUTION NO.: 476, 2002
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
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 able to obtain consent to
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, and
WHEREAS, by Resolution No.: 411,2002 the Queensbury Town Board, in accordance with
the New York State Eminent Domain Procedure Law, determined that acquisition of the real
property rights referred to in the preambles of this Resolution would serve a public purpose since
there are no feasible alternative locations for the necessary easements, authorized and directed the
commencement of the necessary Eminent Domain proceeding,
NOW, THEREFORE, BE IT
RESOLVED:
1.As and for its findings in this matter as required by Eminent Domain
Procedure Law §204, the Queensbury Town Board (Board) hereby adopts
findings set forth in the document presented at this meeting and annexed to
this Resolution entitled “Determination and Findings Concerning
Acquisition of Property Rights by Eminent Domain Related to South
Queensbury – Queensbury Avenue Sewer District.”
2.Determination of Public Necessity: As and for its determination in this
matter as required by Eminent Domain Procedure Law §204, the Board
hereby adopts the determination set forth in the document presented at this
meeting and annexed to this Resolution entitled “Determination and
Findings Concerning Acquisition of Property Rights by Eminent Domain
Related to South Queensbury – Queensbury Avenue Sewer District.”
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3.Further Proceedings: The Board hereby authorizes the Town Supervisor,
Wastewater Director or Deputy Wastewater Director to engage the
services of an appraiser, engineer and/or surveyorand authorizes such
further proceedings under the Eminent Domain Procedure Law as may be
necessary to effectuate condemnation of the subject property.
4.Publication of §4, Publication of Synopsis: The Board hereby authorizes
and directs the Town Clerk to publish pursuant to Eminent Domain
Procedure Law §204(A) a brief synopsis of these findings and
determination in at least two (2) successive issues of the Glens Falls Post-
Star, such synopsis to include the factors set forth in Eminent Domain
Procedure Law §204(B)(1)(2)(3) and (4) and shall also state that copies of
the determination and findings will be forwarded upon written request
without cost.
5.Effective Date: This Resolution shall take effect immediately.
and
BE IT FURTHER,
,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
Wastewater Director, Deputy Wastewater Director and/or Town Counsel to execute and file any
necessary documentation and take any and all actions necessary to effectuate all terms of this
Resolution.
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Duly adopted this 18 day of November, 2002, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES : None
ABSENT : None
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