Schoharie Sets Record on Eminent Domain

SCHOHARIE - On Wednesday evening, the Schoharie Town Board responded to both audience concern and social media buzz around the “Stop Eminent Domain” signs that have recently appeared in the Schoharie Business Park.

“I know there’s been a lot of questions,” began Supervisor Ben Oevering. “The Town has prepared a letter with the aid of our attorney, and a full timeline will be published on our website.”

The letter in question largely concerns the most recent owner of the business park, Michael Shaughnessy, and his company 7 Summits, LLC, detailing why eminent domain was needed and exactly how it affects the business park.

In the document’s first section, titled “Summary of Town’s Efforts from 2018 - Present,” it explains the origins of the business park, noting that “The SBP had been created in the early 2000s to promote business development of the Town.”

“In about 2018, 7 Summits, LLC and its principal, Michael Shaughnessy, acquired the Park and its infrastructure from the prior previous owner, but were not properly operating and maintaining the Park’s infrastructure,” it continues, with the infrastructure in question being the roadways and the water and sewer systems.

“In 2018, Mr. Shaughnessy and his company requested that the Town take over control and operation of the Park’s Roads, Sewer System and Water System, offering to convey the needed rights … Per the express request of Mr. Shaughnessy and his company, the Town entered the SBP and assumed control … in about 2020.”

The letter also states that the owner was further unable to cooperate fully, reading “The Town thereafter endeavored to have Mr. Shaughnessy and his company formally tender control and ownership of the Roads, Water and Sewer Systems to the Town, but Mr. Shaughnessy … continually failed to do so.”

“In about the Spring of 2023, due to the NYSDEC continuing to request that the Town take over full operation and control of the SBP’s infrastructure, State funding efforts by the Town, as well as to ensure the continued operation of the SBP … the Town determined to move forward to acquire the Roads, Water and Sewer Systems by Eminent Domain.”

At this point, Board member Marion Jaqueway stressed that only the roads, water and sewer were affected, saying “We don’t want any land. We just want the infrastructure to do our jobs.”

The letter concluded its timeline by stating “After holding a public hearing in July 2023, the Town commenced legal proceedings … the Town and 7 Summits thereafter each consented to the Court issuing its Order dated October 27th, 2023, allowing the Town to acquire the lands/infrastructure at issue.”

“Despite previously offering to tender ownership … to the Town at no cost, on February 29th, 2024, Mr. Shaughnessy and his company filed a claim against the Town seeking $1,800,000 in alleged damages, as the purported loss of value of lands/infrastructure at issue. The Town disputes that valuation.”

Concluding the first section, the letter then went on to list the detailed breakdown of every step of the process and the Town’s involvement with the business park.

“I hope that makes it abundantly clear,” said Supervisor Oevering, and he noted that the letter will be posted on the Town’s official website for anyone to read. 

For their next steps, both Mr. Shaughnessy and the Town have filed their appraisals for eminent domain, and the Town has rebutted his appraisal. The matter will now enter the courts for adjudication.