Archive | Condemnation of Government Property

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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CAN ONE GOVERNMENT CONDEMN ANOTHER GOVERNMENT’S PROPERTY?

Generally, a body with the power of eminent domain cannot condemn the property of a higher sovereign.  But the key inquiry seems to be, is the current use a public use, since there is a doctrine of prior public use which holds that a condemnor may not condemn property already being used for a public purpose if the proposed use “will either destroy the existing (public) use or interfere with it to such an extent as is tantamount to destruction.”  Okanogan County PUD v State, 182 Wn2d 519, 538-539 (2015). … read more

Posted in Condemnation of Government Property, Prior Public Use
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