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)