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Eminent Domain

By ssalkin
June 01, 2019

Industrial Development Agency's Determination Rationally Related to Stated Public Purpose

Matter of One Point Street, Inc. v. City of Yonkers Industrial Development Agency NYLJ 3/15/19, p. 25, col. 6 AppDiv, Second Dept. (memorandum opinion)

Landowner challenged a determination to acquire its vacant property by eminent domain. The Appellate Division confirmed the determination, concluding that the industrial development agency's determination was rationally related to the stated public purpose.

The City of Yonkers Industrial Development Agency sought to acquire landowner's vacant parcel to return it to productive use in accordance with the city's master plan and an urban renewal plan. After the agency conducted public hearing and determined that it was necessary to acquire the property, landowner brought this proceeding pursuant seeking review of the determination pursuant to EDPL 207.

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