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Eminent Domain Law
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.
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