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Eminent Domain Law
Condemnation Rationally Related to Public Purpose Citibank, N.A. v. Village of Tarrytown NYLJ 4/21/17, p. 30, col. 4 AppDiv, Second Dept. (memorandum opinion)
Landowner sought review of the village's eminent domain determination. The Appellate Division confirmed the determination, holding that it was rationally related to the stated public purpose.
Citibank owns a parcel, previously used as a branch bank, which contains a building and a parking lot with 36 spaces. Since 1999, the village has leased some portion of the parking spaces, most recently 21 of those spaces, for use by the public. When Citibank closed the branch in January 2016, it decided to sell the parcel, including the parking spaces, and closed the spaces to the public. The village then issued a determination and findings that it should exercise its eminent domain power to acquire 21 spaces for public parking. Citibank brought this proceeding to challenge that determination.
In upholding the village's determination, the Appellate Division emphasized the limited scope of review of a condemnation decision, and concluded that Citibank had failed to demonstrate any basis for setting aside the village's determination. The court noted that a condemnor has broad discretion to decide which land is necessary to fulfill its stated purpose, and concluded that even if Citibank were correct that other sites would better suit the village's needs, the superiority of other sites would not provide a basis for relief under section 207 of the EDPL.
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