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Archive | Challenges to Condemnation

December 18, 2023

Oneida IDA has authority to acquire property for a parking lot

The New York State Court of Appeals just reversed an order of the New York State Supreme Court, Appellate Division, Fourth Department, that rejected Oneida County Industrial Development Agency’s determination to acquire property by eminent domain.  The OCIDA sought to acquire property for a parking facility that would satisfy the need for parking created by a nearby medical office building. The Fourth Department decided that OCIDA lacked the authority to acquire the subject property because the acquisition was necessary for a larger hospital and healthcare facility project and not for… read more

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Posted in Challenges to Condemnation, Challenges to Determination and Findings, Challenging condemnation, Contesting a Taking, EDPL 207, EDPL Article 2, EDPL Sec. 207
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November 9, 2021

The Environmental Rights Amendment: Additional Ammunition in Challenging a Proposed Condemnation

The new Environmental Rights Amendment was adopted on November 2, 2021.  The amendment adds Section 19 to Article I of the New York State Constitution and provides, “Each person shall have a right to clean air and water, and to a healthful environment.”  The amendment is effective January 2022. The Environmental Rights Amendment is part of Article I, the New York Bill of Rights. As set forth in a blog, “E2 Law Blog” written by David Mandelbaum, Esq. and Steven C. Russo, Esq. on November 8, 2021, the Bill of… read more

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Posted in Challenges to Condemnation, EDPL Sec. 207, Environmental Rights Amendment, SEQRA
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July 2, 2019

SCULPTURE TRAIL V SEWER LINE. WHO DO YOU THINK WON?

          The Appellate Division, Fourth Department, handed down on June 7, 2019, one of those rare decisions, granting a petitioner’s proceeding to annul a determination authorizing a condemnation.  In the Matter of the Frank J. Ludovico Sculpture Trail Corp. v Town of Seneca Falls, ___ AD3d ___, the petitioner commenced this original proceeding pursuant to EDPL 207 seeking to annul a determination of respondent to acquire an easement along a nature trail commemorating the women’s rights movement in order to install a sewer line.  The Court agreed with petitioner that… read more

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Posted in Challenges to Condemnation, Compliance with Article 8 of ECL, EDPL 207, Uncategorized
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April 25, 2019

DOES ACQUIRING PROPERTY TO RETURN IT TO PRODUCTIVE USE SERVE A VALID PUBLIC PURPOSE? OR, IS LAND BANKING SPECULATIVE AND IMPROPER?

          The Second Department handed down two decisions in two consecutive weeks deciding challenges to determinations adopted to condemn property by eminent domain for the purpose of returning the property to productive use in accordance with the City of Yonkers Master Plan in two separate urban renewal plans.  Matter of One Point St. Inc. v City of Yonkers Indus. Dev. Agency, ____ AD3d ____, 2019 NY Slip Op 01769 (March 13, 2019); Matter of City of New York v Yonkers Industrial Development Agency, ____ AD3d ____, 2019 NY Slip Op… read more

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Posted in Challenges to Condemnation, EDPL Sec. 207, Land Banking, Speculative Taking, Uncategorized
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