Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Eminent Domain Law

By NYRE Staff
September 01, 2022

Claimants Failed to Establish That Property Would Have Been Rezoned

Pacific Carlton Development Corp. v. New York State Urban Development Corp., 2022 WL 2232095, AppDiv, Second Dept. (memorandum opinion)

In a proceeding for compensation for loss of property through eminent domain, claimants appealed from Supreme Court's award of $22,206,000. The Appellate Division affirmed, holding that claimants had failed to establish that the property would have been rezoned to a C6-2A district.

Claimants owned four parcels included in the Atlantic Yards project. One was improved as an office building with 6 above-ground levels, and the other three were minimally improved. Claimants contended that there was a reasonable probability that the parcels would have been rezoned to C6-2a, which permits an FAR of six, and that the highest and best use was a mixed-use structure spanning all four lots. Claimant argued that the city's pursuit of transit-oriented development would have led to the rezoning of the parcels. Condemnor contended that if the parcels were to be rezoned, it was more likely that they would have been rezoned C4-4A, which permits an FAR of 4. After a non-jury trial, Supreme Court agreed with the city that the likely rezoning would have been to C4-4A, and awarded compensation on that basis. Claimant appealed.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.