Eastview Mall Eminent Domain: What the Town of Victor Is Doing and Why the September 28 Hearing Matters

Every Pittsford resident who shops at Eastview Mall should know about the vote happening at Victor Town Hall on September 28. Victor officials have moved forward with an Eastview Mall eminent domain action — the town is considering using this legal tool to seize five mall parcels — and the reason why is stranger than most government actions get.

The Problem: A Lender That Won't Let the Mall Spend Money

The Problem: A Lender That Won't Let the Mall Spend Money

When a commercial property's mortgage gets transferred to special servicing, control of its finances typically passes to the servicer — not to the building's operators. That is where Eastview Mall is right now. Rialto Capital, the special servicer holding the mortgage, has been unwilling to release money for the mall's maintenance and improvements.

Wilmorite, which operates Eastview, claims that it cannot fund renovations or offer competitive incentive packages to attract new retailers. The servicer holds the wallet. The result is a regional shopping anchor that cannot invest in its own future — not because the people running it don't want to, but because the entity controlling the finances won't allow it.

Victor's Unusual Solution: Take It by Eminent Domain, Then Give It Back

Victor's Unusual Solution: Take It by Eminent Domain, Then Give It Back

The town's proposal is to seize five mall parcels through eminent domain, then immediately sell them to Victor 2040 LLC, a Wilmorite-managed entity. The net result: Rialto Capital is removed from the transaction, and operational control returns to the people running the mall day-to-day.

This is not a government takeover of retail. Victor has no interest in running a mall. The eminent domain action is a legal mechanism to sever a financial arrangement that has effectively frozen the property in place.

Eastview Mall generates approximately 20 percent of Victor's operating budget, and nearly 4,000 jobs are connected to the mall's operations. Victor Town Supervisor Jack Marren told the Rochester Business Journal: "I've been very forthcoming with Wilmorite since the pandemic; we can't rest on our laurels of retail, retail."

For Pittsford shoppers, the arithmetic is plain. A mall that cannot invest in itself loses tenants. Fewer tenants reduce foot traffic, and reduced foot traffic makes it harder for the remaining tenants to stay.

What Comes Next — and How to Have a Say

What Comes Next — and How to Have a Say

The Victor Town Board has scheduled a public hearing at 7 p.m. on September 28 at Victor Town Hall. This is the formal moment where residents go on the record.

You do not have to live in Victor to attend. Public hearings are open to anyone, and if you shop at Eastview, work near it, or know people whose livelihoods depend on it, your presence counts. The Victor town clerk's office can tell you how to submit written comment if you cannot attend in person.

The board is not voting to close the mall or hand it permanently to a government body. They are voting on a legal mechanism that would give Wilmorite the financial room to compete — to bring in new tenants, fund improvements, and make commitments that require access to capital. September 28 is the date, Victor Town Hall is the place, and 7 p.m. is the time.