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Archive | EDPL Article 2

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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November 16, 2018

PUT THAT IN YOUR PIPE AND SMOKE IT! MATTER OF NATIONAL FUEL GAS SUPPLY v SCHUECKLER

The Fourth Department of New York’s Appellate Division handed down the decision in Matter of National Fuel Gas Supply Corp. v Schueckler, ___ AD3d ____, 2018 NY SLIP OP 07550 (Nov. 9, 2018).  The appeal involved the granting of a petition for the acquisition of easements for an interstate gas pipeline. Now gas pipelines have gotten pretty used to obtaining what they need.  But not in New York.  The State of New York has blocked the entire pipeline project by denying the necessary environmental permits.  Notwithstanding the barrier posed by… read more

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Posted in EDPL Article 2, FERC Certificate, Natural Gas Act, Pipeline Easements
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