According to University President Lee Bollinger, the Manhattanville campus expansion may not happen at all without eminent domain.
Last Thursday, the New York State Supreme Court, Appellate Division ruled that the use of eminent domain—the process by which the state can seize private properties for the “public good” in exchange for market-rate compensation—is illegal for Columbia’s project. The decision was a harsh blow to the University’s vision for a new campus in Manhattanville, where private holders—Nick Sprayregen of Tuck-It-Away Self-Storage and gas station owners Gurnam Singh and Parminder Kaur,—have not struck land deals with the University. Without reaching an agreement, Columbia would be forced to rely on eminent domain by the state to build on these sites. Eminent domain is also needed for the sprawling underground area, known as the “bathtub,” which would extend up to seven stories below the campus and provide utility support for the buildings above.
The Empire State Development Corporation will appeal the decision to New York’s highest court, the Court of Appeals, and Bollinger said in his Freedom of Speech and Press course on Monday that the outcome will “determine whether or not we have a new campus.”
After offering limited statements in the days following last Thursday’s court ruling, Bollinger responded to questions from students in his class, saying, “Eminent domain is crucial to the campus as conceived of and as approved by the city and the city rezoning process. The consequences of not having eminent domain for Columbia’s future in this area are really inextricably tied together, and we will not have the campus that was envisioned.”
Robert Kasdin, Columbia senior executive vice president, avoided answering the question on Sunday, saying, “I’m not going to speculate on what would happen after the next court decision.”
Justice James Catterson wrote in the 3-2 court decision that the expansion of a private university does not constitute a “public use” and that ESDC lacked evidence for deeming the area “blighted,” a condition of economic disrepair beyond potential for natural relief.
Pre-construction is already underway because the ESDC approved eminent domain last December. But it is in the earliest stages, with utility work on gas, water, and electrical lines taking place on sections of Broadway, 129th Street, and 12th Avenue. Demolition is scheduled in the near future for certain buildings in the block bounded by Broadway, 12th Avenue, 129th Street, and 130th Street.
The $250 million Mind, Brain, and Behavior building, one of the first scheduled to go up—though not for several years—can proceed for now without eminent domain, Bollinger said.
Norman Siegel, attorney for Sprayregen, said his client “was never opposed to the Columbia expansion—what he is opposed to is the use of eminent domain.” Columbia owns 91 percent of the land in the expansion zone, and Siegel questioned whether the University needed the rest. University officials maintain that the properties are essential in order to build the campus to the specifications approved by the state in May.
If the ruling is upheld, Siegel said, “There are two possibilities: one, that Columbia then builds on 91 percent of the land, or two, they finally sit down with the Sprayregens and Singhs in a good-faith effort and try to negotiate with them.”
Despite the harsh ruling, Bollinger said, “I’m optimistic. I’ve been involved in litigation several times in my life, and I’ve lost sometimes, and you just keep going and you don’t have to give up. We’ll wait to see the outcome in the Court of Appeals.”
Daniel Amzallag contributed to this article.
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