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Governors Island

Governors Island is one of NYC's oldest serene escapes.  Rezoning threatens to prioritize profit and parking over the preservation guaranteed by its deed.

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The federal government sold Governors Island to NYC for $1 in 2003, passing over ownership via a deed which protected 40 acres of the property as parkland.  Recent upzoning by the City threatens this historic escape for New Yorkers, with buildings dating back to the 18th century and undisturbed park space enjoyed by humans and wildlife alike.  The upzoning permits plans to replace urban farmland with towers as tall as 25 stories, and to pave over natural areas to create 200 parking spaces.  Additional park space will be sacrificed for a hotel, a shopping district, and a Climate Center to be run by Stonybrook University.  While proponents focus on the potential utility and economic benefits of such real estate development on Governors Island, their discussion overlooks the deed requirement that at least 40 acres of the property be used as public parkland.  Development plans which require upzoning also violate the public trust doctrine 

 

We call upon the Governors Island Trust to operate with dedication to the deeded purpose of this land- public use.  Metro Area Governors Island Coalition ("MAGIC") has brought together individuals and organizations dedicated to protecting Governors Island as a green open space to challenge the City's approval of rezoning on Governor's Island. In 2023 we joined MAGIC, along with community leaders and other civic organizations, in submitting an amicus brief which provides a detailed description of the City's obligations under both the Governors Island deed restrictions and the public trust doctrine.  City Club President Layla Law-Gisiko, and Legal Committee Chair John Low-Beer, spoke at a February 2024 press conference drawing attention to the legal challenges to upzoning on Governors Island which took place in 2021. 

 

The City Club will continue its work, shining a light upon City regulatory changes and development plans which prioritize private interests over the preservation of public spaces.  Alleviating concerns about financing the maintenance of public spaces by partitioning off segments for real estate development sets a precedent for the incremental transfer of community property into private control. The terms of the original deed guaranteeing, "the protection and preservation of the natural, cultural, and historic qualities of Governors Island," are a restrictive covenant.  Where restrictive covenants define permissible land use more narrowly than generally applicable zoning provisions, the restrictive covenants control. 

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Follow MAGIC for updates on the status of legal challenges to the transformation of Governors Island from a public green space into a location for real estate development.

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