Posted by: Patricia Salkin | November 22, 2014

NY Appellate Court Upholds Determination to Condemn Property for the Purpose of Expanding a Runway at a Public Airport

Pursuant to the NY EDPL 207, petitioner sought judicial review of the County’s determination to condemn certain real property for the purpose of expanding a runway at a public airport. The court rejected petitioner’s contention that the County failed to demonstrate that an actual public use, benefit, or purpose will be served by the proposed taking. In analyzing whether the taking was excessive, both in volume and in nature, the court noted that while it is well established that a condemnor cannot take, by use of the power of eminent domain, property not necessary to fulfill the public purpose, it is generally accepted that the condemnor has broad discretion in deciding what land is necessary to fulfill that purpose. The court concluded that respondent neither abused nor improvidently exercised its discretion in determining the scope of the taking. In assessing an agency’s compliance with the substantive mandates of the statute, the court reviewed the record to determine whether the agency identified the relevant areas of environmental concern and made a reasoned elaboration of the basis for its determination. Since it found the agency did so, and the determination was unanimously confirmed without costs and the petition is dismissed.

Eisenhauer v County of Jefferson, 2014 WL 5904610 (NYAD 4 Dept. 11/14/2014)

The opinion may be accessed at: https://www.nycourts.gov/courts/ad4/Clerk/Decisions/2014/11-14-14/PDF/1118.pdf


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