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Eminent Domain Law
Condemnation Exceeded Agency's Authority
Matter of Bowers Development, LLC v. Oneida County Industrial Development Agency, 2022 WL 17882632, AppDiv, Fourth Dept. (4-1 decision; memorandum Opinion; dissenting opinion By Curran, J.).
Condemnee sought to annul a determination by the Industrial Development Agency (IDA) to condemn its land. The court annulled the determination, holding that the condemnation's purpose was beyond the scope of the IDA's authority.
The Mohawk Valley Health System has embarked on the process of consolidating health care services for three counties into a blighted section of Utica. The campus is to include a hospital and a medical office building. The IDA sought to condemn the subject parcel, which is adjacent to the medical office building, for use as a commercial parking lot. Contract vendee of the parcel challenged the condemnation.
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