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
March 27, 2019