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Bad-Faith Condemnation
Can a government entity's mistreatment of a landowner preclude the entity from subsequently condemning landowner's property ' even when the entity demonstrates an appropriate public purpose for the condemnation? In Matter of Zutt v. State of New York, NYLJ 7/27/12, p. 27., col. 1. The Second Department appeared to answer that question in the affirmative, precluding the state Department of Transportation (DOT) from acquiring a drainage easement by eminent domain. The facts of the case, however, suggest that the court's holding may have limited application to other cases.
The Facts and the Litigation
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