Court of Appeals – Eminent domain: Bowers Development, et al. v. Oneida County Industrial Development Agency, et al.

New York State Court of Appeals

Eminent domain

Commercial use

Bowers Development, et al. v. Oneida County Industrial Development Agency, et al.

No. 89

Memorandum

Background: The respondent exercised its statutory eminent domain powers to condemn a parcel of property owned by the petitioner, which was the subject of sale to a second petitioner. A medical office building on an adjoining property was being planned. Eminent domain was exercised for the purpose of a parking facility to serve the medical facility by day, and the public during off hours.

Ruling: The Court of Appeals reversed the determination of the Appellate Division which held that the parking facility was not commercial because it was for hospital or health-related facility purposes. The court held that a parking facility used by the customers of a profit-making business plainly has a commercial purpose. The proposed parking facility functioned simply to satisfy the need for parking created by the medical office building and provide public parking at night. It did not serve any healthcare-related function.

Paul J. Goldman for the appellants; Michael A. Fogel for the respondents.

Oral argument video

Transcript