What’s going on with the Roscoe Smith Estate?

Kathleen Bennett, special counsel to the village of Monroe, presented an update at the October 17, 2023 Monroe Village Board meeting. Bennett is a property lawyer for the firm Bond, Schoeneck & King. She was retained by the village because of her extensive experience with environmental, land use, and eminent domain proceedings. Bennett recapped briefly the history of the Roscoe Smith home, stating that Smith was the founder of Orange & Rockland Utilities and is “widely considered to be the man who brought electric light to the Hudson Valley.”

The Roscoe Smith Estate, located at 47 Lakes Road, is currently owned by W.C. Lincoln Inc. and Simon Jacobs, who are represented by attorney Joseph J. Haspel. According to a filing with the State Supreme Court, Haspel stated the Roscoe Smith property was acquired in 2000 with the intention of creating a proposed development known as the Bridges at Lake Park. W.C. Lincoln and Jacobs now wish to demolish the Roscoe Smith home, as they have not maintained it since purchasing the property, claiming to the court that the Roscoe Smith home is “a threat to the health and safety of the Monroe community.”

The village of Monroe, through the process of eminent domain, is looking to acquire the Roscoe Smith property from Simon Jacobs and W.C. Lincoln. This is an effort to preserve the historic home as well as other items on the property including bridges and water wheels that have been neglected or demolished since the purchase in 2000. Bennett stated there are no alternatives to acquiring the Roscoe Smith property and that eminent domain is the only way to preserve the home and property for historic preservation purposes.

Some examples of what the village proposes it can do with the property once acquired include converting the home into an education center, placing historic markers around the property, and creating a park which would include walkable trails accessible to the public. Any rehabilitation done to the historic landmarks on the property, including the home itself, would follow all preservation guidelines.

Acquisition of the Roscoe Smith property by the village will also protect archaeological resources, and help preserve wetlands and the local floodplain, which is critical given the village and town’s recent flooding trouble, which made national news. Taking possession of the Roscoe Smith home will also help in the preservation of habitat for the northern long eared bat, an endangered species according to a 2022 ruling by the U.S. Fish and Wildlife Service.

Bennett stated that there would be no significant impact on water usage, waste water, traffic, and noise with the taking of the Smith property. She added that eminent domain is an attribute of sovereignty, meaning “it is inherent in the government’s right and is not subject to a permissive referendum.”

The next step of the eminent domain process requires the Village to file the appropriate paperwork with Orange County. Under the Eminent Domain Procedure Law of the State of New York (EDPL), Orange County needs only to consider three things in allowing for eminent domain: The public use and benefit of the acquisition, what alternatives there are (if any), and the environmental impact. The cost and financing of purchasing the estate and its property is not relevant at this specific stage of the process.

The window for public comment officially closed on October 20, at 4 p.m. The village now has 90 days to discuss the purchase, complete a SEQRA (an environmental assessment) and issue a determination and their findings.

If the village decides to move forward, once an appraisal report is received, an EDPL purchase offer will be made based on that appraisal of the fair market value of the Roscoe Smith property. The village will then file notices of dependency and petition to file an acquisition map with the Orange County Supreme Court. The Title to the property rights would then transfer to the village upon successful filing with the Orange County Clerk.