Archive | Challenges to Determination and Findings

The doctrine of prior public use prevents a taking.

The doctrine of prior public use prevents a taking in Matter of City of NY  v Yonkers Indus. Dev. Agency, __AD3d__, 2019 NY Slip Op 02087 [2019]. The City of Yonkers sought to acquire property located in Yonkers that was owned by the City of New York and used by the Metropolitan Transportation Authority as a bus depot. The City of Yonkers sought to return the underutilized parcel to productive use in connection with an urban renewal plan. The Appellate Division, Second Department held the taking of the subject parcel… read more

Posted in Challenges to Determination and Findings, Challenging condemnation, Condemnation of Government Property, EDPL 207, EDPL Article 2, Eminent Domain
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A CONDEMNOR CAN KEEP TRYING TO CONDEMN – UNTIL IT GETS IT RIGHT

The Third Department handed down a decision on June 21, 2018 in Johnson v Town of Caroga, ___ AD3d ____ (3d Dept 2018).  This was a challenge pursuant to EDPL 207 to a “Determination and Findings” adopted by the Town to acquire a roughly 15-foot-wide strip of land for the purposes of providing expanded access to a recreational trail.  There was an earlier and successful challenge.  Matter of Johnson v Town of Caroga, 157 AD3d 1025 (2018).  The Town issued resolutions recommencing the eminent domain process and this time got… read more

Posted in Challenges to Determination and Findings, EDPL 207
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