The agenda for this meeting of the Guilderland Industrial Development Agency can be found here. There are several items of interest on the agenda:
Old Business
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Local Hiring Policy
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Banking Relationship
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Review of status of Releaseco/Costco Project and Public Hearing comments
New Business
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Consider appointment of Appraisal Firm for valuation of Town Roads
At this meeting it shall be determined by vote whether or not to grant Pyramid Corporation a $2M + tax abatement of the sales tax of the materials to build the COSTCO retail facility.
In addition, the members of the IDA will vote whether to use eminent domain in order for the Town to give the roadways in the development to Pyramid Corporation.
There is speculation within the legal community that using eminent domain to provide a private corporation with real estate for its COSTCO facility is illegal.
The purpose of the 1969 eminent domain law was to provide public entities the right to take private property and use it to provide the public with a public benefit. A typical example of such a taking is the construction of an interstate highway on private land that has been taken by a public entity using eminent domain.
As a matter of fact an Article 78 is in the works, as we go to press, to challenge the IDA's ability to grant the tax abatement or eminent domain of the roadways.