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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Eminent Domain Law

By New York Real Estate Law Reporter Staff
September 01, 2024

Public Purpose Finding Upheld

Hart v. Town of Guilderland Industrial Development Agency 2024 WL 2853869 AppDiv, Third Dept. (Opinion by Garry, P.J.)

Neighbors brought a proceeding challenging the condemnation of discontinued public roads and deed restrictions. The court concluded that the condemnation was for a valid public purpose.

In 2018, the tow board established a Transit Oriented Development District which allowed for regional shopping and prohibited single-family districts. The intent was to draw Costco into the district. As part of the plan, the town discontinued a number of public roads. In 2023, the mall developer requested that the town use its eminent domain power to acquire the discontinued roads and to condemn deed restrictions which limited commercial development on the site. Residential neighbors who own a home near the site and the owner of a nearby gas station objected at a public hearing, but the town industrial development agency concluded that condemnation would maximize public uses and benefits associated with the development project. The objectors then brought this proceeding challenging the condemnation.

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