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Olean council votes 4-3 to begin eminent domain process for Olean Center Mall

2767975 · March 20, 2025
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Summary

The City of Olean Common Council voted 4-3 on March 20, 2025, to adopt Resolution 30-25, authorizing a public hearing and beginning the eminent domain process to address site interest rights affecting redevelopment of the Olean Center Mall. Debate included concerns about legal advice and whether the city should intervene.

The City of Olean Common Council voted 4-3 on March 20, 2025, to adopt Resolution 30-25 authorizing the city to schedule a public hearing and begin the process under the New York State Eminent Domain Procedure Law to acquire certain site interest rights affecting the Olean Center Mall.

Supporters said the mall has deteriorated and that beginning the formal process is needed to clear legal obstacles to redevelopment. President Crawford, who introduced the resolution and the related executive-session motion, said the property "has sat there for as long as I've known it, decaying." Crawford framed the resolution as a step to resolve site-rights issues that are impeding private redevelopment.

Alderwoman McCall said she supports redevelopment but questioned whether eminent domain is the proper role for the city. "Do I think the mall needs to be redeveloped? Absolutely," McCall said. "However, I don't think this is a city business." Alderman Atkinson said he voted against the measure both previously and now, noting he preferred the legal opinion of the city attorney before approving a process with precedent-setting implications.

Council members debated the trade-offs of city involvement and expressed differing views about urgency and process. The council first voted to go into an executive session to discuss a real estate transaction before considering the resolution. The resolution itself directs staff to schedule a public hearing and commence the legal procedures laid out in state law; it does not itself transfer property or exercise eminent domain without the further statutory steps that follow a public hearing.

The measure passed by a 4-3 vote. The roll-call record in the transcript includes named votes for Alderman Robinson (yes), Alderman Anastasia (no) and President Crawford (yes); the transcript records the final tally as 4 ayes and 3 nays but does not unambiguously record every individual vote in the excerpt.

City Attorney Bridgette was not present at the meeting; several members said they had spoken with her by phone but some councilmembers said they preferred her in-person legal advice for a matter they characterized as precedent-setting.

Next steps specified in the resolution are scheduling a public hearing and commencing the statutory procedures under New York State Eminent Domain Procedure Law §103(f). Any formal exercise of eminent domain would require additional statutory processes after the public hearing and any required findings or votes.

The discussion and vote came at a special meeting called to consider this resolution; there was no final action on redevelopment plans themselves, and no specific redevelopment agreement or purchaser was adopted in the meeting.