Eminent Domain Law

Landowner challenged the Town's decision to condemn land along the Niagara River. The Appellate Division upheld the taking, holding that it was for a public purpose and that the Town's failure to publish a synopsis of its determination within 90 days of the public hearing did not prejudice landowner.

Landowner owned 65 acres of land on which it previously operated a coal-fired power point, together with a raw water intake structure. Seven years ago, landowner stopped operating the plant, but continued to operate the water intake system, which it had used to withdraw millions of gallons of untreated water to provide cooling for the power plant units. Since the closing of the plant, landowner has sold the right to obtain water through its facilities to local businesses. The town proposed to condemn landowner's parcel to allow redevelopment of the waterfront, and to ensure that local businesses could continue to obtain water from the intake system. Landowner objected, contending that the taking was not for a public purpose, that the Town proposed to take more land than necessary to achieve any public purpose, and that the Town had failed to comply with Eminent Domain Procedure Law §204(A), which requires the condemnor to make its determination and findings, and publish a brief synopsis of the determination and findings, within 90 days after the public hearing. Landowner also contended that the Town failed to comply with SEQRA.