Senate Bill S6093

                                 BILL NUMBER:  S6093

 TITLE OF BILL :  An act requiring the commissioner of parks,
recreation and historic preservation to take a parcel of land through
the eminent domain procedure for the Rogers Avenue community garden

 PURPOSE :  This bill would require the State Commissioner of Park,
Recreation and Historic Preservation to acquire the 115 Rogers Avenue
(aka 749 Park Place)in Brooklyn, NY by eminent domain for the purpose
of creating a state park and continued community garden

 SUMMARY OF SPECIFIC PROVISIONS : Section 1:  Legislative findings,
Location of site

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.