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Eminent Domain Law
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.
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