Posted by: Patricia Salkin | May 14, 2017

NY Appellate Court Holds Village Not Required to Select Alternative Sites under Eminent Domain Law When Taking Property for Public Parking

Editor’s Note: This summary appears in Bond Case Briefs and is reposted with permission. See: http://bondcasebriefs.com/2017/05/23/cases/citibank-n-a-v-village-of-tarrytown/

Property owner brought action seeking review of village’s determination that it was necessary to acquire portion of owner’s property by eminent domain.

The Supreme Court, Appellate Division, held that owner’s assertion that alternate sites would better serve purposes of village, which determined that it was necessary to acquire portion of owner’s property for public parking, was not a basis for relief under judicial review provision of eminent domain law. Village, as condemnor, had broad discretion to decide which land was necessary to fulfill its stated purpose.

Citibank, N.A. v. Village of Tarrytown, 2017 WL 1394145 (NYAD 2 Dept. 5/2017)


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Categories

%d bloggers like this: