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Archive | 2023

January 24, 2023

Remember The Alamo – Maybe Not

The battle of the Alamo was a pivotal event and military engagement in the Texas Revolution.  Following a 13-day siege, Mexican troops reclaimed the Alamo Mission killing most of the occupants.  The Texas legislature purchased that land and buildings designated the Alamo as an official Texas state shrine. Now, the City of San Antonio wants to acquire “Moses Rose’s Hideout,” a bar to be acquired for the new Alamo museum.  Interestingly, the name is that of the purported “coward of Alamo,” who fled the besieged fortress rather than fight, according… read more

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Posted in Condemnation, The Alamo
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January 17, 2023

Opposing a Petition to Condemn by Filing an Answer

Victor, New York is a town in the Finger Lake district.  The Town commenced a condemnation proceeding to take a 90,000 square foot anchor store that used to be occupied by Lord & Taylor in the Eastview Mall. But, a Judge determined that the Town of Victor did not present a sufficient plan for the use of the space. The newspaper reports are not clear who the Judge was or what Court rendered the decision. Normally, to challenge a proposed taking, one has to file a Petition pursuant to Section… read more

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Posted in Answer to Petition, Public Use
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January 12, 2023

A Very Rare Win – Matter of Bowers Dev. LLC v Oneida County Indus. Dev. Agency. But, It Ain’t Over Until It’s Over.

The Fourth Department handed down a Christmas present on December 23, 2022 granting a petition filed pursuant to Section 207 of the Eminent Domain Procedure Law (EDPL) to annul the determination of the Oneida County Industrial Development Agency (OCIDA) to condemn certain real property. Before we dive into the case, let’s discuss EDPL Sec. 207, the exclusive procedure in New York to challenge a condemnation. Authorizing and Challenging the Condemnation Article 2 of New York’s Eminent Domain Procedure Law sets forth the prescribed way that property is to be acquired… read more

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Posted in Blight, Condemnation, EDPL Sec. 207, Power of Condemnation, Public Purpose
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January 5, 2023

Bruce’s Beach – The Final Chapter

We wrote about Bruce’s Beach, located in Manhattan Beach, California on August 5, 2021 and October 7, 2021, an old case which has sparked national “condemnation” was the 1924 taking of “Bruce’s Beach.”  The resort was established by Willa and Charles Bruce in 1912.  It was a destination where black tourists could swim, dance, eat and rest. The City claimed that it needed the property for a public park, but left it undeveloped.  The condemnation was clearly motivated by racism. Manhattan Beach has been grappling with the history of Bruce’s… read more

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Posted in Bruce's Beach, Eminent Domain
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January 3, 2023

Blight, The Necessary Requirement for Condemnation

On December 29, 2022, the New York Times ran a story, “Why New York State insists that the Penn Station Area is ‘“Blighted.”’  The answer, silly, is that it had to. In New York, we just can’t condemn property unless there is a finding of blight.  I suggest that “blight” is in the eyes of the beholder.  I once attended a public hearing held pursuant to Article 2 of the Eminent Domain Procedure Law.  I believe it was for the taking for the expansion of Columbia University.  At the hearing,… read more

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Posted in Blight, Condemnation, Penn Station
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