An eminent domain case has special standing in New York Jurisprudence. A condemnation taking is a forced sale of property. The claim for damages arising from such a taking is constitutionally protected by both the United States and New York State Constitutions. Because of the “despotic power” of eminent domain and the condemnor’s constitutional obligation to pay the full value of the property, the condemnor’s duty in eminent domain cases is not to win at all costs, but to do justice. Just as the Government’s interest in a criminal prosecution… read more
March 24, 2015