Fourth Department - Eminent Domain Procedure Law: County of Orleans v. Genesee County Industrial Development Agency

Daily Record Staff//August 14, 2024//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Eminent Domain Procedure Law

Statute of limitations

County of Orleans v. Genesee County Industrial Development Agency

OP 23-01960

Originated in Fourth Judicial Department

Background: The petitioner commenced a proceeding seeking to annul the determination of the respondent to acquire by condemnation two temporary easements for placement of construction equipment in order to install an underground sewer force main. The respondents argue that the petition must be dismissed as untimely.

Ruling: The Appellate Division dismissed. The court noted that an Eminent Domain Procedure Law 207 proceeding must be commenced within 30 days after the condemner’s completion of the publication of its determination and findings. The petition was filed one day late.

Alexander W. Eaton, of Lippes Mathias, for the petitioner; Craig A. Leslie, of Phillips Lytle, for the respondents.

Oral argument video