Facts Explained On Eminent Domain

Letter to the Editor, Brighton-Pittsford Post

October 20, 2005

 

To the Editor:

Much has been written about Brighton's use of eminent domain to purchase land needed to complete Buckland Park. Some of it has been accurate, much has not.

As town attorney, I have been directly involved in the matter. Here are the facts.

Eminent domain is specifically recognized by the Constitution to purchase land for public uses, including parks. Eminent domain does not involve "taking " land; it involves buying land at fair value, after public notice and input.

In 2002, Brighton voters overwhelmingly approved the open-space referendum to purchase parkland, including 66 acres owned by Alan Groos, as recommended in Brighton's Comprehensive Plan 2000. Thereafter, Brighton made Mr. Groos an offer to purchase his land. Groos rejected the offer, and refused to negotiate further. Because there was no other way to acquire the land, Brighton began the process of eminent domain early in 2004.

Also in 2004, Faith Temple agreed to purchase the Groos land and an additional 45 acres at the corner of Westfall and Winton roads, giving Faith Temple over 160 acres, including another 40 acres it already owned. Even without the Groos land, Faith Temple owns over 90 acres.

Before the public hearing on eminent domain, the town met with Faith Temple to try to settle the matter. Instead, Faith Temple sued Brighton shortly after the hearing, not once but twice, in state and federal court. The state lawsuit was dismissed April 29. The court ruled that Faith Temple "failed to demonstrate that the proposed condemnation imposes a substantial burden on its exercise of religion. " The town then requested mediation of the federal lawsuit, again hoping to resolve the case, and Judge Telesca was appointed mediator. On Aug. 26,attorneys for both parties agreed to a preliminary settlement, but on Aug. 29, we learned that Faith Temple had changed its mind and rejected the settlement. As a result, Judge Telesca ended the mediation.

Eminent domain is a last resort, to complete Buckland Park for the entire community. The town will pay fair value for the land, and Faith Temple will own over 90 acres, plus its existing Elmwood Avenue campus.

This is a win-win for Brighton and Faith Temple, and the town is committed to such a result.

William Moehle

Attorney, Town of Brighton