Eminent Domain Concern Rises At Stormy Tweed Confab

Sophie Sonnenfeld Photo

The scene at Tweed Friday, when the terminal was flooded with a foot of water from Tropical Storm Elsa.

Two words rang out during a Thursday evening Zoom call: eminent domain.

That arose as another category of concern for residents living around Tweed-New Haven airport as the airport authority pushes an expansion plan towards the finish line.

Thursday’s Zoom meeting

The public meeting was originally planned for Fort Hale Park in the East Shore neighborhood, but was changed last-minute to Zoom to avoid the incoming tropical storm.

Still, a storm was clearly brewing as 120 attendees showed up to needle Tweed director Sean Scanlon and Mayor Justin Elicker on a host of environmental, noise, and traffic issues for over two hours. The vast majority of them spoke passionately against expansion, Some launched a barrage in the Zoom chat function with messages like WE DON’T WANT YOU HERE.”

Not all came for good-faith discussion. Attendees were twice hit by incidents of mooning from two anonymous accounts. A third posing as the mayor typed the n‑word in the chat, further dampening the mood.

Thomas Breen Photo

Tweed’s Sean Scanlon announcing airport deal in May.

Scanlon stressed that residents will have more options to give public input. A meeting dedicated to traffic safety is scheduled for 6 p.m. on July 15, with another addressing environmental concerns slated for the first week of August. He invited all residents to attend airport authority meetings (on July 21 and Aug. 18), and said that his team will knock on doors in the East Shore and Fair Haven Heights neighborhoods over the next several months.

Traffic, rising seas, pollution and engine noise have long been at the top of residents’ minds in the battle for Tweed expansion. The new issue arose at the start of Thursday’s meeting, with a question from attorney Mike Moscowitz, who cited Article IX, Section 9.2 of the new proposed deal revealed on Tuesday by the city and airport authority.

The provision reads:

Acquisition of Additional Property. The Authority does not have the power of condemnation. In the event the Authority deems it necessary or advisable, for the safe, efficient and financially prudent operation of the Airport, or to satisfy off-site mitigation conditions of any property in the vicinity of the Airport, and the Authority has not been able to acquire property that satisfactory for such purchases through a negotiated purchase, the City may, in the exercise of the City’s sole and absolute discretion (and subject to any required legal processes) exercise its right and power to take such property by eminent domain so long as such acquisition by condemnation is consistent with the airport Master Plan…”

Moscowitz.

This provision is dangerous, Moscowitz said, and designed to allow for greater expansion down the road.

You’re looking to take property away from people, and you’re going to lowball these people knowing that you can take this property away through eminent domain. [That paragraph] either has to be revised or deleted,” he argued.

Scanlon offered a different interpretation of the provision.

I don’t want to take anybody’s house. There is absolutely no plan whatsoever to use eminent domain. We don’t have any desire for eminent domain. The city actually views [that provision as guarding] against undesired expansion, so that they are the arbiter, and not the airport, when it comes to eminent domain,” Scanlon said.

That response didn’t satisfy Moscowitz. He said the Board of Alders, which will vote on whether to approve the expansion, doesn’t have the legal acumen to understand the full agreement.

I believe it’s out of the ordinary,” he said in an interview after the meeting. “[The airport] has very good lawyers, and those lawyers have done due diligence, and there’s no doubt in my mind, they know what property they want to acquire.”

Scanlon promised to follow up with Moscowitz about the issue.

In the chat function of the meeting, Claudia Bosch asked whether alders have the ability to change portions of the agreement rather than voting it all up or down.

No response was offered at the meeting. On Friday Scanlon told the Independent that that question needed to be directed to the mayor’s office — which offered this statement from Economic Development Administrator Mike Piscitelli: There are agreements in principle with the Authority, AvPorts and Avelo to move forward based on the plan submitted. That being said, we will always take into consideration comments made by the community, not only last night but in the upcoming traffic and environmental meetings.”

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