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Archive | Challenges to Determination and Findings

December 18, 2023

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… read more

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Posted in Challenges to Condemnation, Challenges to Determination and Findings, Challenging condemnation, Contesting a Taking, EDPL 207, EDPL Article 2, EDPL Sec. 207
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September 7, 2023

Matter of Huntley Power, LLC v Town of Tonawanda, 2023 WL 3912499

The Fourth Department doesn’t have many condemnation matters before it and is shows.  Huntley Power was a proceeding brought directly in the court to review the determination made by the Town to condemn property that includes a coal-fired electric generating station and water intake structures.  The town held a public hearing on April 25, 2022 and adopted its resolution authorizing the condemnation on July 11, 2022.  But did not publish a synopsis of the “Determination and Finding.”  It was required to do so within 90 days of the public hearing. … read more

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Posted in Challenges to Determination and Findings, Condemnation, Notice, SEQRA
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March 27, 2019

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

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Posted in Challenges to Determination and Findings, Challenging condemnation, Condemnation of Government Property, EDPL 207, EDPL Article 2, Eminent Domain
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June 26, 2018

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

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Posted in Challenges to Determination and Findings, EDPL 207
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