Judge sides with Amherst in Boulevard Mall eminent domain case

The town has three years to get all the necessary titles for the Boulevard Mall land
Boulevard Mall
Photo credit Brayton J. Wilson - WBEN

Amherst, N.Y. (WBEN) - Last week a judge sided with the Town of Amherst in a matter involving eminent domain, challenged by JC Penney, which owns its store on the Boulevard Mall site. The town's outside counsel says the ruling gives momentum in its repurposing project.

Special outside counsel for Amherst, Chuck Holcomb, says the ruling is significant. "It means the Court confirmed the town of Amherst determination and findings to utilize eminent domain to move the economic redevelopment project forward," says Holcomb. He says the town had believed and continues to believe the property is a detriment to the urban renewal area as set forth by the town board, and getting the site back on track would be transformative to the area.

Peter Hunt of Hunt Real Estate tells WBEN, malls, once a major social gathering place, aren't like that anymore. Hunt says one example of how a mall is being repurposed is in the Syracuse area. "It was converted some time ago to a massive auto mall, and that was done privately. But it was, I think, a very effective reuse of that property for a failing mall," says Hunt, who adds there are examples of malls failing all over the country that are being repurposed largely into more multipurpose village settings, and walkable communities created on large, extremely well located sites.

Hunt says the actual timetable varies by mall, but several factors may cause the timetable to be extended. "If you take any current usage, and you try to convert it to a new usage, zoning has to be considered, the infrastructure, environmental concerns that can take anywhere from, I would say, at least three years to five to 10 years, to finish it," explains Hunt. He cites the Eastern Hills project, which has been under consideration for several years, is only now moving towards the vision that Uniland has for that property.

The town has three years to get all the titles for the land on the mall.

Featured Image Photo Credit: Brayton J. Wilson - WBEN