City moves forward with Binghamton Plaza eminent domain proceedings: What it means

Emily Barnes, Binghamton Press & Sun-Bulletin
·3 min read

After two separate votes regarding the future of the Binghamton Plaza by Binghamton City Council Wednesday, the city is moving forward with their eminent domain proceedings.

City council members authorized the proposed condemnation in a five-to-two vote, with council members Angela Riley and Aviva Friedman voting against the acquisition, which includes 29, 31, 33, 37 and 41 W. State St. in Binghamton.

Ahead of Wednesday's vote, Riley acknowledged the plaza has changed but has reservations about the city's lack of plans for the space.

"I'm not sure I have enough information," Riley said. "I want us to reflect upon the time where we have offered aid to other major entities in disrepair."

Opposition to city's plan for Binghamton Plaza

Friedman, who represents the North Side, said plaza business owners she spoke with do not want to relocate, and the relocation services offered by the city are inadequate.

North Side residents also expressed their disappointment with the city's plans to turn the area into mainly greenspace, saying they would rather have businesses.

"This is not a cut-and-dry issue," Friedman said. "It's complicated and I think everyone has good points. There's not a clear answer here."

What is the future of Binghamton Plaza?: Business owners at odds with city's plans

Eminent domain: What's next for Binghamton Plaza after city files motion to take it over?

'Our waiting list is big': 9 groups receive AEDs from John Mack foundation, more needed

What happens next in Binghamton Plaza dispute

Owners of the Binghamton Plaza have 30 days from the city's publication of its synopsis to challenge the decision.

Four grounds for challenging exist, the Owners' Counsel of America says, derived from the following:

  • Was the proceeding in compliance with federal and state constitutions?

  • Is the proposed acquisition within the city's statutory jurisdiction or authority?

  • Was the city's determination and findings made in accordance with Article 2 (Eminent Domain Procedure) and Article 8 (State Environmental Quality Review Act) procedures?

  • Will public use, benefit or purpose be served by the proposed acquisition?

State of emergency: Relocating asylum seekers in Broome would 'absolutely break our social services system'

The city of Binghamton is trying to acquire the Binghamton Plaza property at 33 W. State St. in Binghamton from its current owners, Binghamton Plaza, Inc. through eminent domain.
The city of Binghamton is trying to acquire the Binghamton Plaza property at 33 W. State St. in Binghamton from its current owners, Binghamton Plaza, Inc. through eminent domain.

What is eminent domain?

Eminent domain is used to acquire property for public use. The acquiring entity "has a constitutional responsibility," according to the United States Department of Justice, "to justly compensate the property owner for the fair market value of the property."

Courts broadly interpret this Fifth Amendment to the Constitution, allowing the government to seize property "if doing so will increase general public welfare," according to Cornell Law School, and public use or purpose is also interpreted broadly under New York law.

And while eminent domain proceedings have generally been used to facilitate transportation, supply water, construct public building and aid in defense readiness, the decision in United States v. Gettysburg Electric Railroad Company added uses, including establishing parks and setting aside open space for future generations, preserving places of historic interest and remarkable natural beauty and protecting environmentally sensitive areas.

What the city plans to do with Binghamton Plaza

The city is planning to demolish, remediate and improve the Binghamton Plaza site by potentially expanding Cheri Lindsey Park, enhancing access to the Chenango River Promenade, restoring surfaces and repairing sidewalks, among other undetermined improvements.

"Unfortunately, the Binghamton Plaza went by the way of a lot of the plazas across the country," councilman Tom Scanlon, who grew up on the North Side, said. "It's a complete eyesore, it has been for a long time ... It needs to change."

Follow Emily Barnes on Twitter @ByEmilyBarnes. To get unlimited access to the latest news, please subscribe or activate your digital account today.

This article originally appeared on Binghamton Press & Sun-Bulletin: What Binghamton city council vote means for future of Binghamton Plaza