Property and parking

Land battle

Mortage holder vows to fight city's plans to use eminent domain

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Erwin Pitnick, one of several mortgage holders on property at 835 W. Beech St., at the corner of Nebraska Avenue, told City Manager Charles Theofan at Tuesday’s City Council meeting that he will fight Theofan’s plan to use eminent domain to take over two vacant lots at the corner in order to use them for 10 residential parking spaces.

“Under no circumstances will that property be sold at $200,000,” Pitnick told Theofan, referring to Theofan’s estimate of the property’s value.

According to city officials, M&T Land Inc. bought the commercial property in August of 2004 and received a variance to use it to build two one-family homes, but the houses were never built. Theofan said the city has attempted to contact M&T Land with official letters sent to two addresses on file, but both were returned. The property is in foreclosure.

State Sen. Dean Skelos (R-Rockville Centre) secured a $250,000 grant for the city in 2004 for the purchase and paving of a parcel at 1055 W. Beech for parking, but the plan fell through, and the city plans to use that money to purchase the West Beech-Nebraska property through eminent domain.

Pitnick told Theofan that he and the other mortgage holders agree that the value of the property is closer to $400,000. “Taking it at $200,000 will absolutely, unequivocally not happen,” Pitnick stressed.

Theofan disagreed with Pitnick’s assessment of the property’s value, but noted that he had a right to challenge the city’s price. The city is awaiting the completion of an appraisal by Powers and Marshall Associates of Mineola to determine the property’s worth. “Understand that this will not be an easy battle,” Pitinick told Theofan.

In September, the City Council voted to allow Theofan to continue with the condemnation proceedings, but he will need further approval by the council before purchasing the property.