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Eminent Domain Law
Condemnees Challenge to Notice and Public Purpose Rejected
Matter of Penney Property Sub Holdings LLC v. Town of Amherst, 2023 WL 6528859, AppDiv, Fourth Dept. (memorandum opinion).
In landowner's proceeding to annul condemnation of its land, the Appellate Division confirmed the condemnation, rejecting landowner's argument about inadequate notice and insufficient public purpose to justify the condemnation.
The town authorized condemnation of 62 acres consisting of a mall and surrounding parking area. Landowner's 2.3 acres were among the 62 acres. Landowner operated a fully functional store on the property. When the town instituted condemnation proceedings, notice was sent by certified mail, return receipt requested, to landowner's tax billing address. Landowner never received the notice. At the hearing the town adopted a resolution authorizing acquisition of the property for redevelopment purposes. Landowner then brought this proceeding challenging the condemnation.
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