Comments

You must log in or register to comment.

HawtGarbage917 OP t1_j9udb63 wrote

The relevant chunk of the piece:

"Michael Rikon, an attorney whose law firm focuses on eminent domain...says said he agreed with MSG’s claim that it’s being singled out, given that MSG owns the property and has successfully operated it.

If the city denied the MSG permit, Rikon said, “Just compensation would be required. Because if they do not grant the special permit, the property becomes worthless. It can’t be used for its highest and best use.”

In 2021, the Empire State Development authority estimated that moving the Garden would cost the public $8.6 billion, including $5 billion to build a new arena."

26

InternationalBrick76 t1_j9uv9uv wrote

How do people feel about this? Why would they move the arena? I love the current location.

−1

Head_Acanthisitta256 t1_j9v32cz wrote

Let Dolan pay for his new arena if it gets moved. That area is a dump anyway. And so are the Knicks and to a lesser degree the Rangers.

14

arthurnewt t1_j9vdugt wrote

Tear that monstrosity down and build a new penn station

12

ECK-2188 t1_j9vl9eu wrote

Fuck Dolan.

Taxpayers should file a class action lawsuit if they force us to pay for anything that scumbag wants to milk out of the city.

44

Melodic-Upstairs7584 t1_j9vw7tc wrote

I think this is also relevant:

“Alexandros Washburn, executive director of the Grand Penn Community Alliance, which calls for MSG to relocate, said that 10 years was long enough for MSG to have found a new location and planned a new arena. The complaint of no progress is a “self-inflicted hardship,” he said.

Washburn, a city planner under former Mayor Mike Bloomberg, was among three architects who last month presented their visions for a better Penn Station, all three of which relied on MSG relocating. Around 100 people showed up for their presentation at the Great Hall in Cooper Union.”

I don’t have much of an opinion on whether or not msg should be moved, but this isn’t an issue of eminent domain. No one is asking Dolan to transfer ownership and no one is saying he can’t operate sporting events. MSG has a special permit allowing for increased capacity that lasted for a period of ten years. Dolan wanted the original permit to be permanent because he was aware then, as he is today, that the city could decline to renew it for any reason. If Dolan ever transferred the stadium to a new owner, that entity would also be aware that permits can be revoked, even if they felt it was very likely to be renewed. That would be factored into the sale price, so the value of the property is unaffected.

Not sure why they asked an eminent domain attorney for an opinion. Shaping this as an eminent domain argument is interesting, but a complete non-starter.

12

TeamMisha t1_j9wfetf wrote

The entirety of Hudson Yards Phase 1 cost $25 billion and they built something like EIGHT skyscrapers, malls, and the biggest cantilever deck over rail in the world I think. The proposed area where Phase 2 is (to the west) doesn't need the same complex cantilever structure so I kind of agree the cost estimate is insane, I can't see how it should cost almost 1/3 the cost of the entire Phase 1.

3

Swoah t1_j9whwz2 wrote

Can’t wait for the Knicks to ask the Nets to play at Barclays while this happens, Nets say know, and we get the NJ or LI Knicks for a few years.

4

LunacyNow t1_j9wmgnt wrote

A lawsuit would have no standing. MSG owns the property. If this is an eminent domain case then the government would need to compensate the owner when taking the property. Just like if the government takes someone's house to pave a new highway on the parcel of land - the govt HAS TO pay the owner of the house fair market value.

​

>It is another word for condemnation - the right of the government to take private property for a public purpose. Various examples would be to make way for a road or public park, or to provide housing for disadvantaged persons. The United States and New York Constitutions require the government to pay you fair compensation if it takes your property.

https://ag.ny.gov/real-property/faqs-about-nys-eminent-domain-procedure-law

8

akmalhot t1_j9wo67h wrote

Oh yeah he sucks, absolutely

But you can't just try to end around ekinent domain by not renewing msg permit after all this time.

Now I'm not saying the 8 bil figure is correct but with all the corruption it'll prob cost that much today

0

Melodic-Upstairs7584 t1_j9wo8gk wrote

Fair enough, what valid inverse condemnation claims in NY state have you observed that resulted from the revocation of a temporary permit? I can give you two common circumstances off the top of my head where these claims always fail:

A) I’m a restaurant owner and my liquor license was revoked, my business has been irrevocably damaged and I demand just compensation. These are denied because no business in NY state has an inalienable right to sell alcohol, they receive a permit which can be revoked at any time.

B) I’m a concert / event organizer and my permit to conduct my event was revoked by a county/municipality/etc. My brand is inseparable from the location where said event was held, so I demand just compensation. These are denied because no business in NY state has an inalienable right to host a high-capacity concert, they receive a permit which can be revoked at any time.

Valid inverse condemnation claims have a pretty high bar and involve assets that have been damaged due to material and reasonably unforeseeable changes (i.e an international airport is opened up next to a nature preserve for exotic birds). There were interesting inverse condemnation claims that were filed during the construction of the USA/Mexico border wall by effected property owners, for example.

Not renewing a permit is not a material change of circumstance. The permit is inherently temporary. It has an expiration date, renewal terms, cancelation clauses (I’m assuming).

If James Dolan sold you MSG under the pretense that the permit was guaranteed forever, you would have a valid legal claim against him. The city is under no obligation to renew the permit in perpetuity, therefore there has been no change to the value of the property, therefore no claim.

12

ECK-2188 t1_j9wp6y4 wrote

Honestly, all biases aside I hear you.

That would make perfect reasoning if we’re speaking on individual US citizens who are property owners.

Not implying that James Dolan isn’t a US Citizen, but the Dolan’s ownership of MSG had not paid any city property taxes in decades.

The fact they still get subsidized damn near 40+ years is beyond me.

−1

akmalhot t1_j9wpap6 wrote

Barclays center in Brooklyn not a top area of it cost 1 billion dollars..there's nowhere near the density in that area or access issues. The land value is not on the same level of pen district.

5 billions probably high, but to even think something in Edmonton has any value on comparison is ridiculous

The bills are spending .1.4 billion on a. Stadium in buffalo ny lol & granted that's absolutely ridiculous.

5 is probably high but most comments here are saying he shouldn't get anything. (him sucking is irrelevant, you can't end around eminent domain )

It would be like the governed saying, we've revoked your occupancy permit for your house , now it's only worth the raw land of 50k, that is what we will pay you for eminent domain

2

akmalhot t1_j9wppkf wrote

That's idiotic policy , but it's irrelevant

The comparison would be the governed revoking your occupancy permit on your house, and the justifying paying you 40k.for taking rhe raw land since it doesn't have an occupancy permit ..

Dolan sucks , the corruption and expense to do anything in NYC sucks, the fake 5-8 billion dollar number being thrown around is probably ridiculous, I don't know enough to confidently comment.

4

akmalhot t1_j9wqmsm wrote

The lawyers always win first.

Just like any class action, $10 for the victim.... Reminds.me.if the cartoons where they cut a slice.if cake and take everything but the slice

3

akmalhot t1_j9wtu05 wrote

Do you know what the cost of 2 city blocka on 7th Ave btw 31-33rd st is?

Hudson yards was cheap land because it was built above train yardsthat was previously unusable land

You're talking about land on top of a station that connects LIRR, NJ transit, and many subway lines together ?

1

LunacyNow t1_j9wu2qv wrote

The permitting is separate issue allowing them to have more than 2500 patrons in the establishment. It's not clear if they could operate 'normally' w/o that permit, if at all. If the end result of all of this is the state/city gov't forcing a move then this could be eminent domain (thus requiring compensation).

4

akmalhot t1_j9wuk66 wrote

5 billions is the land value and air rights alone, buddy.

Are you an expert in land value in manhattan?

Your just saying , OMG BIG NUMBERS

Msg spent well over 1 billion just marginally improving msg btw.

Aside from BIG NUMBERS, and Edmonton, what are you basing your thesis on

1

akmalhot t1_j9wvzbx wrote

Okay, so how did you arrive at your value of the land and air rights on one of the most exoe sive areas in the world?

And the most exoe sive permitting, licensing, construction hard/soft costs etc

1

akmalhot t1_j9wxbfm wrote

The article literally says, 5 billion dollars for the cost to acquire land, not build an arena

How are you definitively arriving that 5 billions dollars is not what it would cost to acquire new land for an arena in the area ?

What does the cost to built an arena in a Canadian city have to do with land value in prime Manhattan ?

The article also says that not one single other arena in the city has been requires to obtain an operating permit (side note)

No pride in how expensive and corrupt the city is, but don't see why we need to let useless comparisons drag on

It sucks that land labor licensing air rights building costs construction are so expensive, but your comparison to an arena in Edmonton is pointless

I still dont understand what that 500 million has to do with the 5 billion dollar cost of land

1

akmalhot t1_j9x1gw3 wrote

You said that line 9 responses ago..

Your comparison like saying building a house in Pennsylvania cost $120/psf why is this shoe ox apartment selling for $1500-$3000 in NYC.. it .makes no sense.. ironically I happen to be in the middle of PA this wkd, hence the reddit

NYC is an amazing city, there's no doubting that. I've been to Edmonton before lol. Almost Couldn't pay me enough to move there.

You're taking this so personally, it has nothing to do with pride in expense of New York, but your dimbass comparison makes no sense.

1

akmalhot t1_j9x3tpu wrote

You keep, responding? Despite refusing to acknowledge how pointless your comparison was. Hence why multiple people let you know, lol

Cost to build and land in Edmonton is entirely unrelated to Manhattan. Sorry you can't grasp that .

1

akmalhot t1_j9x5mwr wrote

I'm fucked up for pointing out that the cost in city a is not proportionate to the cost for doing so etbing in an entirely different value and regulatory environment ? Lol

You're just upset that no one has agreed w you or something .

Bye, again, for the 10th time ?

1

mojorisin622 t1_j9xf2ek wrote

That's because you won't have an army of high priced lawyers working on your behalf. You can get away with eminent domain with a regular joe's home, but when you start messing with billion dollar corporations, you're going to lose.

8

lawanddisorder t1_j9yfjub wrote

It's awesome how James Dolan gets to single-handedly fuck up pro basketball, hockey AND Penn Station for all New Yorkers. The system is clearly running flawlessly.

9

Rottimer t1_j9yrkto wrote

It wouldn't. They'll go through litigation and lawyers will make a shit ton of money, but as long as the Mayor doesn't get in the way, in the end the city will not be on the hook for anywhere near that amount. They chose to build that arena knowing they had a temp permit.

1

Rottimer t1_j9yrss1 wrote

The city granted you a permit to build what you want on this land, but only for X years. You chose to build a house and now want to pretend that the permit wasn't temporary. Everyone will spend money on lawyers, but in the end, you had full knowledge of the situation when building the house.

11

down_up__left_right t1_ja4ti6a wrote

I will never get over the decision to not pay hard ball with Dolan a decade ago and force him to move right across 8th ave then.

Instead Dolan renovated MSG in its current location directly atop all of the train platforms for the cost it took to build Barclays and then $1.6 billion was spent to build Moynihan in the space across 8th ave where it can't access all the platforms and can only access the end of the platforms it does connect to.

2

EzNotReal t1_ja7qth8 wrote

As if MSG was unaware when they signed the lease what the terms were? They knew this could happen, why should they not have to abide by the terms of the lease?

Don’t really see how what you’re saying is relevant.

1

akmalhot t1_ja7tenr wrote

Hey, genius redditor who doesn't know the different between permits and leases knows more than prominent eminent domain lawyers !... Amazing

"Michael Rikon, an attorney whose law firm focuses on eminent domain — cases in which government takes or restricts private property — says said he agreed with MSG’s claim that it’s being singled out, given that MSG owns the property and has successfully operated it.

If the city denied the MSG permit, Rikon said, “Just compensation would be required."

1