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Eminent Domain Law
Condemnation Upheld Because It Did Not Interfere With Prior Public Use
Matter of JHK Development, LLC v. Town of Salina2024 WL 5181123
AppDiv, Fourth Dept.
(memorandum opinion)
Landowner brought a proceeding to annul a town’s condemnation of ½ acre for construction of a road accessing a new development. The Appellate Division confirmed the determination, holding that the condemnation served a public purpose and did not interfere with a prior public use.
Landowner operates a dermatology practice. Next door, a developer plans to replace a vacant candle factory with a mixed-use development that would include an indoor soccer and lacrosse center. To permit construction of a second entrance to accommodate the anticipated traffic, the town moved to condemn a portion of landowner’s parcel. The condemned land included an area subject to a public drainage easement. Landowner objected to the condemnation.
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