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 a commercial purpose. The Court of Appeals reversed the Fourth Department’s decision and concluded that OCIDA’s determination and findings was not “without foundation” as the parking lot use was for a “commercial” purpose. The Court of Appeals noted that OCIDA has the power to acquire property for its corporate purpose to promote, development, encourage, and assist in the acquiring, construction, reconstructing, improving, maintaining, equipping, and furnishing industrial, manufacturing, warehousing, commercial, research, renewal energy, and recreation facilities. Bowers Dev., LLC v. Oneida Cnty. Indus. Dev. Agency, 2023 NY Slip Op 06406.