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Eminent Domain Law

By ssalkin
July 01, 2020

Condemnation Upheld Despite Benefit to Private Party

Matter of River Street Realty Corp. v. City of New Rochelle NYLJ 3/13/20, p. 30, col. 3 AppDiv, Second Dept. (memorandum opinion)

In landowner's proceeding challenging the city's exercise of its eminent domain proceeding, the Appellate Division confirmed the city's determination.

In 2017, the City of New Rochelle commenced proceedings to acquire landowner's parcel by eminent domain in order to relocate a fire house. Based on an environmental assessment form, the city determined that its action would have no significant effect on the environment, and that no environmental impact statement was required. Landowner challenged the SEQRA determination, contended that the city did not provide adequate notice of the hearing, did not allow public comment at the hearing, that the taking was excessive and that it conferred benefit on a private developer.

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