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Eminent Domain
Condemnation Invalid for Failure to Establish Public Purpose
Matter of Gabe Realty Corp. v. City of White Plains Urban Renewal Agency NYLJ 7/2/21, p. 19, col. 1 AppDiv, Second Dept. (memorandum opinion)
Landowner challenged the agency's determination authorizing the taking of its property by eminent domain. The court granted landowner's petition, holding that the agency had not adequately identified a public purpose for the taking.
After a public hearing, the White Plains Urban Renewal Agency approved the acquisition of property within a previously designated urban renewal area. The agency acted after issuing a negative declaration under the State Environmental Quality Review Act (SEQRA), ad justified its action based on its finding of blight in the affected area. Landowners challenged that determination.
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