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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Eminent Domain Law

By NYRE Staff
March 01, 2022
|

Finding of Blight Upheld

Matter of PSC, LLC v. City of Albany Industrial Development Agency, 2021 WL 5828338, AppDiv, Third Dept. (Opinion by Pritzker, J)

Landowner brought a proceeding to review the city's determination to condemn 11 parcels for a mixed-use residential development. The court upheld the condemning authority's finding of blight and held that the authority had broad discretion to decide what land is necessary to fulfill a public purpose.

Ten of landowner's properties are leased for parking or other purposes for a 50-year term that began in 1988. The leases were eventually assumed by a municipal corporation that served as the city's economic development arm. At the corporation's request, the city's industrial development agency approved the use of eminent domain to acquire landowner's properties as part of a larger mixed-use redevelopment project. The agency found that the landowner's parcels were in disrepair, and that landowner's .88 acre parcels were necessary to complete the proposed 8 acre development. Landowner then brought this proceeding challenging both the procedure used by the city and the substantive decision to condemn.

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