Archive | Contesting a Taking

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

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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          This article is written from the New York State perspective.  There are factors in play in New York which are very different from the remainder of the country.  First, Kelo v City of New London, 545 US 469 (2005) hardly presented a shock to the New York condemnation bar.  New York’s law was always, and still is, decidedly slanted towards condemnors.  Secondly, redevelopment never stopped.  There was never any recession impact on redevelopment. Authorizing and Challenging the Condemnation Article 2 of New York’s Eminent Domain Procedure Law sets forth… read more

Posted in Contesting a Taking, Redevelopment, Uncategorized
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