Should Hoboken Authorize Eminent Domain For Union Dry Dock? (Zimmer Thinks So)

HOBOKEN, NJ — Hoboken officials may be pondering the purchase of the Union Dry Dock, according to a recent statement from Mayor Dawn Zimmer.

On Thursday, Zimmer announced plans to ask the City Council to authorize the use of eminent domain for the acquisition of Union Dry Dock at 901 Sinatra Drive to use as “open space."

“[City officials were] able to meet with the property owner of Union Dry Dock,” Zimmer stated. “Following the meeting, Union Dry Dock sent a letter advising the city that it is not legally able to even discuss a sale of the property to the City of Hoboken at this time.”

The letter can be seen here.

As a result, Zimmer plans to ask the council to authorize the use of eminent domain during its public meeting at 7 p.m. on Wednesday, Oct. 4.

“The authorization simply provides the city with the tools necessary to facilitate negotiations and does not mean that eminent domain will be implemented,” Zimmer said. “However, without this authorization, the city has no ability to even begin negotiations given the position taken by Union Dry Dock.”

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Zimmer continued:

“In my experience with acquiring Block 12 for the Southwest Park and the six-acre BASF property in Northwest Hoboken, it is not possible to acquire property without the City Council’s authorization for eminent domain… Given recent new factors that have come to light, it is important to move forward with this process at this time to expand our city’s waterfront parks.”

• See related article: Hoboken Council Gives Tentative OK For Southwest Park; Eminent Domain Fight Underway
• See related article: Hoboken Officials Say Contamination At Eminent Domain Purchase Site Is BASF's Responsibility

Mayoral candidate and Councilman Mike DeFusco said that he was glad to see Zimmer take up the cause of buying the Union Dry Dock. However, he questioned her decision to "abandon any pretense of a fair negotiation" and move immediately to eminent domain proceedings, which he said may plunge the city into "yet another costly litigation" with a city property owner.

According to DeFusco:

"As we’ve seen time and again, this approach doesn't always result in a timely acquisition of property, as evidenced by the decade-long process of acquiring the recently opened Southwest Park, and can lead to outrageous legal fees our taxpayers have been exposed to in ill-fated court battles like the Monarch development. My understanding is that the property owner is willing to begin a good faith negotiation, but not with this current administration and not before the upcoming election when our city’s leadership for the next four years will be decided. A negotiation of this magnitude shouldn’t be rushed into by a mayor who already has one foot out the door. Similarly to the rushed Suez contract negotiation, this looks very much like a political stunt being staged six weeks from a mayoral election, and is a prime example of why we need new energy and new ideas to solve challenging problems like completing our waterfront."

WHY BUY THE DRY DOCK?

According to a 2016 post from the Fund For A Better Waterfront:

“Acquiring the land for a park would connect Castle Point Park to Maxwell Place Park and would be the largest parcel of open space added to Hoboken’s waterfront since the Fund for a Better Waterfront, in cooperation with the initial developers of Maxwell Place, established Maxwell Place Park in 2001.”

The Fund continues:

“Union Dry Dock is in the Waterfront Zoning Subdistrict W(N) (Sec. 196-20) which limits building heights to two stories or 35 feet. Lot coverage is limited to 30% for principal buildings. Residential is not a permitted or conditional use. Permitted uses are limited to educational, public recreational, and marina facilities. Most of the site falls within FEMA’s Coastal High Hazard Zone where the state’s Coastal Zone Management regulations prohibit multi-family residential, motels and hotels. Thus, the development potential for this site is severely limited.”

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Photo: City of Hoboken