Navigation

Archive | EDPL 207

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

By
Posted in Challenges to Condemnation, Challenges to Determination and Findings, Challenging condemnation, Contesting a Taking, EDPL 207, EDPL Article 2, EDPL Sec. 207
Read more > 0

July 2, 2019

SCULPTURE TRAIL V SEWER LINE. WHO DO YOU THINK WON?

          The Appellate Division, Fourth Department, handed down on June 7, 2019, one of those rare decisions, granting a petitioner’s proceeding to annul a determination authorizing a condemnation.  In the Matter of the Frank J. Ludovico Sculpture Trail Corp. v Town of Seneca Falls, ___ AD3d ___, the petitioner commenced this original proceeding pursuant to EDPL 207 seeking to annul a determination of respondent to acquire an easement along a nature trail commemorating the women’s rights movement in order to install a sewer line.  The Court agreed with petitioner that… read more

By
Posted in Challenges to Condemnation, Compliance with Article 8 of ECL, EDPL 207, Uncategorized
Read more > 0

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

By
Posted in Challenges to Determination and Findings, Challenging condemnation, Condemnation of Government Property, EDPL 207, EDPL Article 2, Eminent Domain
Read more > 0

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

By
Posted in Challenges to Determination and Findings, EDPL 207
Read more > 0

May 4, 2018

MATTER OF ADIRONDACK HISTORICAL ASSOCIATION: A RARE VICTORY UNDER EDPL 207

The Eminent Domain Procedure Law (EDPL) is the comprehensive law that uniformly dictates the procedures that must be followed by the state, municipalities and other entities with the power of eminent domain.  With certain exceptions, not relevant here, public hearings must be held before the condemnation may take place.  Following those hearings, the condemnor must make a determination and findings and publish a “brief synopsis.” The determination and findings must include the “public use, benefit or purpose” of the proposed project, the approximate location and the reasons for selecting the… read more

By
Posted in EDPL 207, Environmental Challenge
Read more > 0