Victor residents will have a chance tonight to weigh in on a proposal to acquire interests in five Eastview Mall parcels through eminent domain or a negotiated purchase. Town officials say the move would help preserve the mall as a major source of jobs and tax revenue while clearing a path for improvements.
The public hearing begins at 7 p.m. at Victor Town Hall, 85 E. Main St. It is a step in the review process, and the town has not announced a decision to acquire the property.
The hearing notice identifies the five parcels as Eastview Commons, Commons Boulevard, the main mall, the theater and vacant land. The potential acquisition covers property interests in those areas but excludes interests owned by tenants and the Ontario County Industrial Development Agency.
The Town Board voted unanimously Aug. 24 to schedule the hearing and begin considering an acquisition under New York’s Eminent Domain Procedure Law. Victor 2040 LLC, a local entity formed for the project, requested the town’s assistance. Under the plan described by officials, Victor 2040 would ultimately acquire the parcels at fair value and hold them under local ownership.
Town officials say the proposal is intended to support maintenance, upgrades and possible expansion at Eastview, along with a broader mix of retail offerings and services. The hearing notice says there are no alternative locations under consideration because the project concerns the mall itself.
The dispute behind the proposal involves Rialto Capital Advisors, the special servicer for the mall’s mortgage. Town officials and Wilmorite have said Rialto has restricted access to operating cash and reserves needed for work such as repaving, landscaping and renovations. The town’s hearing notice also alleges that Rialto has prevented the mall owner from taking steps needed to maintain and develop the property.
Town Supervisor Jack Marren has described Eastview as a major economic asset for Victor and Ontario County. In an August news release, he said the mall supports close to 4,000 jobs and generates sales tax revenue equal to about 20% of the town’s budget. He said visitors to the mall also patronize businesses along the Route 96 corridor. Those figures and economic claims come from the town.
The town says the acquisition would cost taxpayers nothing and leave the mortgage lenders in the same financial position. Wilmorite has said the process is not expected to affect tenant leases, tenant rights or day-to-day mall operations.
Victor has used eminent domain at Eastview before. The town acquired the former Lord & Taylor property in 2025 as part of its redevelopment into a Bass Pro store. Marren has also said the town used the process in the 1990s to allow redevelopment of the site where JCPenney is located.
Tonight’s hearing is intended to review the proposal’s public purpose, benefits and effects on the environment and nearby residents. Anyone attending may speak or submit a written statement or other documents. Written comments may also be sent to the town supervisor at Town Hall through the close of the hearing. The notice says the town will announce when the hearing closes.
The notice warns property owners that any later court challenge to an eminent domain acquisition may be based only on issues, facts and objections raised at the public hearing. If the town decides to proceed after the hearing, previous reporting indicated it would notify the lenders and Rialto, beginning a mandatory 90-day waiting period before an acquisition could move forward.
The Town Board has scheduled a separate executive session for 6:30 p.m. to discuss a proposed real estate transaction. Its public agenda does not identify the property involved in that closed discussion.
Other items on the 7 p.m. agenda include a proposed appointment of Abigael Cosgrove as deputy town clerk, snow and ice agreements, a review tied to the County Road 9 force main replacement, a request to release easements at The Woods at Valentown and a petition to reduce the speed limit on County Road 42. The board is also scheduled to receive the tentative budget and hear reports from town departments.
The public meeting will be held in person at Town Hall and livestreamed on the town’s YouTube channel, where the agenda says text commenting will be available.
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