By ERIN DUGGAN, Staff writer  First published: Thursday, November 21, 2002

Click here for pictures from the news conference

Mayor vows to take over church
Jennings says he will use eminent domain to seize building 
that owner didn't repair

The battle between the city and businesswoman Elda Abate over St. Joseph's Roman Catholic Church could end in the next few weeks with the city's seizure of the historic but crumbling building.

Mayor Jerry Jennings vowed Wednesday to use the city's power of eminent domain to take the church from Abate and give it to Historic Albany Foundation. Under eminent domain, the city would exercise its right to take control of the site, although it would have to pay Abate fair market value.

If the plan goes through, Historic Albany Foundation, a nonprofit group, would administer a $300,000 state grant to stabilize and rehabilitate St. Joseph's, called the "crown jewel" of the Ten Broeck area by Assemblyman John McEneny.

Almost a year after building inspectors first raised concerns about the church and the city did emergency stabilization work, Jennings said negotiations with Abate appear to be over.

"We have to take control of this building," he said. "We don't want to lose this historic building."

Abate bought the building from the Albany Roman Catholic Diocese for $1 in 2000 but hasn't done any work on it since. The building fell into such bad condition the city declared it a hazard. Earlier this year, City Court Judge Cheryl F. Coleman fined Abate $72,000 for code violations, and Jennings said Wednesday that the city has spent more than $300,000 stabilizing the building because Abate failed to do so.

The two sides couldn't reach an agreement on Abate selling the building to the city, so eminent domain proceedings are under way.

Reached at her restaurant on Lark Street Wednesday afternoon, Abate said Jennings' announcement was a surprise.

"I don't know if it's possible," she said. "I feel so bad, because Mr. Jennings is going crazy."

Abate has long said Jennings was out to take the church away from her and wouldn't give her a fair price for it. She said she fired her last attorney, and isn't sure who will represent her in the upcoming fight to keep her property.

Abate said she was willing to work with Historic Albany Foundation to use the grant money on the church while maintaining ownership and control of the inside. But the foundation stopped working with Abate after she failed to hire architects and do pre-development work.

She hasn't paid the city for the work it did, and is appealing the codes fine, she said.

The $300,000 grant for Historic Albany Foundation, of $18 million in parks and preservation awards announced Monday by Gov. George Pataki, will be used to remove scaffolding currently supporting the building, repair and replace cracked beams in the main tower and renovate the roof drainage system. Foundation director Elizabeth Griffin said the initial work will cost about $600,000.

Jennings made his announcement at a news conference by Preservation League of New York State, which last week designated St. Joseph's and the Ten Broeck Triangle Historic District that surrounds it among the state's most threatened historic places.