There are two words that can send a chill through any property owner:
Eminent domain.
It doesn’t matter whether you own a family farm, a small business, a neighborhood home, or a nonprofit organization built by generations of volunteers. The notion that government can simply decide it needs your property more than you do should give every citizen pause.
Eminent domain is one of the most extraordinary powers government possesses. There are times when it may be necessary to build a highway, a bridge, or other essential public infrastructure. But because it allows government to take private property against the owner’s wishes, it should always be exercised sparingly, transparently, and only with the clear support of the people.
That is why what happened this week in Red Hook deserves the attention of everyone in the Hudson Valley.
The Red Hook Town Board voted to continue its effort to acquire the Red Hook Boat Club through eminent domain. Even more troubling, the Board rejected a proposal from newly elected Town Board member Kristina Dousharm to allow the people of Red Hook to decide the issue through a public referendum.
Dousharm also sought to extend the public comment period so more residents could be heard. Although that motion passed, her proposal to let voters decide the future of the property failed by a 3-2 vote.
Supervisor Robert McKeon, joined by Board Members Jacob Testa and William Hamel, voted to continue the condemnation effort. Dousharm and fellow newcomer Ken Migliorelli opposed the move and supported giving residents a direct voice.
Think about that for a moment.
The Town Board is prepared to spend taxpayer dollars to take private property from its owners, yet it is unwilling to ask the taxpayers whether they support doing so.
If this truly reflects the will of the people, why not let the people vote?
The controversy has already cost taxpayers an estimated $300,000 in legal fees. The town has reportedly lost twice in State Supreme Court, and the legal battle continues. Former town attorney and Red Hook Boat Club member Al Tezza has also filed a lawsuit seeking greater transparency from the town.
At the center of the dispute is a modest 2.3-acre waterfront parcel in Barrytown that has operated as a private, nonprofit boat club since 1948.
Town officials argue the property is needed to provide greater public access to the Hudson River, a goal few would oppose in principle.
But opponents argue this case is about much more than river access. They contend the town is stretching the purpose of eminent domain beyond its intended use and setting a precedent that should concern every property owner.
There are practical questions that remain unanswered as well.
Boat club members warn that the shoreline features swift currents and sudden drop-offs, making it unsuitable and potentially dangerous for general public recreation.
There is also the matter of access. The bridge leading to the property is owned by CSX Railroad, and it remains unclear whether the public would even be permitted to cross it if the land became a town park.
Those are not minor details. They are the kinds of questions taxpayers deserve answered before another dollar is spent on litigation.
During the meeting, Supervisor McKeon suggested proceeds from the sale of two town-owned properties could be used to offset the growing legal costs. The comment drew an immediate reaction from the audience, with one resident asking whether the town had become a real estate broker simply to finance its lawsuits.
Dutchess County Executive Sue Serino has also questioned the wisdom of the town’s approach, warning that using eminent domain in this manner sets a dangerous precedent for local government.
Reasonable people can disagree over whether additional public access to the Hudson River is needed.
The larger issue is whether government should exercise one of its greatest powers without first seeking the consent of the governed.
A referendum would not have guaranteed victory for either side.
It would simply have allowed the citizens who will pay the legal bills, elect the Town Board, and live with the consequences to make the decision themselves.
That opportunity was denied.
Whether you support the boat club or support the town’s objective is almost beside the point.
The precedent should concern us all.
Once government becomes comfortable taking private property over the objections of its owners—and declines to let the public decide whether that action is justified—it moves a little farther away from the principle that government derives its just powers from the consent of the governed.
In the end, this isn’t just about one boat club in Barrytown.
It’s about whether the people still have the final say when government reaches for one of its most powerful tools.
That is a question every property owner in the Hudson Valley should be asking.
The Valley Viewpoint 