Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Eminent Domain Law

By New York Real Estate Law Reporter Staff
November 01, 2024
|

Public Purpose Challenge to Condemnation Rejected

Matter or Binghamton Plaza, Inc. v. City of Binghamton, 2024 WL 2853732, AppDiv, Third Dept. (Opinion by Mackey, J.)

In an eminent domain proceeding, landowner challenged the city's condemnation of a strip mall. The court upheld the condemnation, finding that the city had articulated a public purpose, and that the city's negative declaration was sufficient under SEQRA.

Landowner owns a strip mall abutting a public park. Most of the storefronts are vacant and the parking lot is dilapidated. After a public hearing, the city adopted a resolution condemning the mall's 24 acres. The plan was to use 2.25 acres to expand the park, 9.5 acres to connect the park to a riverside walkway, and the remaining acres to conduct "surface subsidence restoration and other ancillary and related amenities, facilities, and improvements." The city issued a negative declaration under SEQRA, leaving future redevelopment plans for a later SEQRA review. Landowner challenged the condemnation.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

How Secure Is the AI System Your Law Firm Is Using? Image

What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.