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Archive | Public Use

January 17, 2023

Opposing a Petition to Condemn by Filing an Answer

Victor, New York is a town in the Finger Lake district.  The Town commenced a condemnation proceeding to take a 90,000 square foot anchor store that used to be occupied by Lord & Taylor in the Eastview Mall. But, a Judge determined that the Town of Victor did not present a sufficient plan for the use of the space. The newspaper reports are not clear who the Judge was or what Court rendered the decision. Normally, to challenge a proposed taking, one has to file a Petition pursuant to Section… read more

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Posted in Answer to Petition, Public Use
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November 17, 2022

What Does Government Do If It Doesn’t Like the Legal Use of a Property? Why It Condemns the Property!

I know, I know, there is supposed to be a public use for the parcel to be acquired.  But, don’t worry, we can find a public purpose later. NY Waterway is an essential ferry operation running ferry and bus service in the Port of New York and New Jersey and in the Hudson Valley.  It has 32 vessels with an average ridership of 18,000 a day.  The ferry company purchased the Union Dry Dock to create a ferry home port for maintenance and fueling.  The City of Hoboken wants the… read more

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Posted in Condemnation of NY Waterways, Hoboken, Public Use
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August 3, 2021

Holy Mango! Statute That Allows Creditor to Seize Property from Third Party Is a Taking.

Who else but inversecondemnation.com would discuss a case dealing with dried fruit, from Guam no less?  The case is Western Sales Trading Co. v Genpro Int’l, Inc. (Guam), No. CVA 19-023 (July 28, 2021).  The Court held that a Guam statute permitting a judgment creditor to take property from a third party was a taking. Under the statute, a Guam judgment creditor is specifically authorized to file a motion for an order to show cause to compel any person who holds the assets of the judgment debtor to turn over… read more

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Posted in Creditor Turnover, Fifth Amendment, Public Use
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May 11, 2021

When A Park Just Isn’t A Park

We represent Brinkmann Hardware Corp. which owns a wooded lot in Mattituck, Suffolk County.  The family-owned business operates four hardware stores across Long Island.  The Town of Southold has used every trick to prevent the construction of the Mattituck hardware store, including imposing a nonsense moratorium. Southold lost every round in Court, so what does it do when it cannot stop construction, authorize condemning the land. The Institute for Justice filed suit in Federal District Court to stop the condemnation alleging a violation of due process and the Fifth Amendment. … read more

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Posted in Condemnation, Park, Public Purpose, Public Use, Uncategorized
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May 6, 2019

PUBLIC USE MEANS JUST ABOUT ANY USE

          Arguing that the project will benefit a private party and that the proposed condemnation will there by violate the constitutional restraints against the condemning private party to give another private party will fail as long as it could be said the public purpose is dominant.  See Waldo’s, Inc. v Vill. Of Johnson City, 74 NY2d 718, 720 (1989); see also Yonkers Cmty. Dev. Agency v Morris, 27 NY2d 478, 482 (1975).           Virtually any purpose will be acceptable including the condemnation of a historic waterfront for a shopping mall… read more

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Posted in Public Benefit, Public Purpose, Public Use, Uncategorized
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