Owners ask, 'What about the little guy'?

Times Square leaseholders are accusing the state of acting illegally in its land condemnation procedures for the Durst Organization's proposed 57-floor skyscraper.

In the Empire State Development Corporation's first public hearing to condemn the one block of land bound by Broadway and the Avenue of the Americas that will make way for the 2 million SF building, several people voiced their concerns about the state's legal rights of eminent domain in regards to private property.

To be completed in 2007, the project that is being called One Bryant Park may house the corporate headquarters of Bank of America that would occupy half of the building

However, a handful of leaseholders and two separate landowners have parcels within the 88,000-SF project area and "in order to assemble the full site, it is anticipated that the entire project site would be acquired by ESDC through condemnation," said an ESDC notice dated May 30.

"This is a clear example of the ESDC being used by a private developer," said Joel H. Sachs, an attorney for leaseholder Triline Trading. "This is a clear case of misuse of government powers."

Triline Trading already had plans to build a 28-story condominium hotel on its site, Sachs said.

Ranch One restaurant in the proposed condemnation area will also be displaced by the project

"My understanding of eminent domain is for public use or public access," said Raymond DioGuardi, president of Kahala Corp. that represents Ranch One. "This, to me, is a private property owner taking property from another private owner."

An ESDC spokesman said the process being taken by the state is completely within the law.

"The eminent domain process allows for maximum public input," said Alex Dudley, spokesman for the ESDC. "We have confidence as the process goes forward all of those concerns expressed at the public hearing will be addressed."

During the meeting Rachel Shatz, director of planning and environmental review of the ESDC, said that the state contracted with AKRF to perform the environmental analysis work, but the Durst Organization paid AKRF's retainer.

The project is also expected to extend over the roof of the Henry Miller Theatre a New York City Landmark. According to the information prepared by AKRF, an environmental planning and consultation firm, only the facade is considered a landmark and will be restored. The interior would be demolished and incorporated into the project for new cultural use.

"In connection with the proposed alterations to the Henry Miller Theatre, ESDC would over ride the Landmarks Preservation Commission's public approval process under New York City Landmarks Law," said the notice prepared by AKRF for ESDC. "However, consultation with the city and state historic preservation agencies will be conducted regarding such proposed alterations."

The Durst Organization, who was not represented at the meeting declined to comment

Public comments in writing should be sent to ESDC before the June 30 deadline. An additional public meeting will be held before the final environmental impact report is prepared.