As we have noted on previous occasions, the City of New York has been acquiring wetlands in Staten Island as part of its Bluebelt Projects. The Staten Island Bluebelt system is a natural drainage corridor which includes streams, ponds and other wetland areas. The current Bluebelt system drains 15 watersheds clustered at the southern end of Staten Island, plus the Richmond Creek watershed. The combined area of these 16 watersheds total approximately 10,000 acres.

Much of the wetlands was in private ownership. How this property is valued is a complicated question. Had no condemnation occurred, an owner can challenge the designation as confiscatory if the New York State DEC refuses to issue a permit allowing use of the land. There is a two-step process involved in the judicial review. The Court of Appeals explained the process in St. Aubin v. Flacke, 68 N.Y.2d 66, 70 (1986):

If the court finds that the permit denial is supported by substantial evidence, then a second determination is made in the same proceeding to determine whether the restriction constitutes an unconstitutional taking requiring compensation. The taking determination is made on the basis of a full evidentiary hearing and if the landowner prevails the Commissioner [of Environmental Conservation] is directed at his [or her] option, to either grant the requested permit or institute condemnation proceedings.