U.S. Court of Appeals for the Second Circuit – Eminent Domain – Supremacy Clause – Statute of Limitations National Railroad Passenger Corporation v. McDonald 13-4161-cv Judges Winter, Raggi and Carney Background: The plaintiff appealed from the denial of its motion for summary judgment. It argued that New York state’s taking of the plaintiff’s […]
Appellate Division, Fourth Department – Eminent Domain – Public Purpose – Discretion of Condemnor Eisenhauer v. County of Jefferson OP 14-00510 Initiated in the Appellate Division Background: The petitioner commenced a proceeding seeking judicial review of the respondent’s determination to condemn certain real property for the purpose of expanding a runway at a publi[...]
Appellate Division, Fourth Department Eminent Domain Similarly Situated Property Owners — Pretext Sicoli v. Town of Lewiston CA 13-00924 Initiated in the Appellate Division Background: The petitioners commenced a proceeding seeking to review the respondent’s determination to condemn certain real property owned by the petitioners for the alleged purpose of completing the dedication of a [&helli[...]
Fourth Department — Eminent Domain — SEQRA Review: GM Components Holdings v. Town of Lockport Industrial Development Agency
Appellate Division, Fourth Department Eminent Domain — SEQRA Review Potential Development — Public Purpose GM Components Holdings v. Town of Lockport Industrial Development Agency OP 13-00836 Originated in Fourth Department Background: The petitioner commenced a proceeding seeking to annul the determination of the respondent that authorized the condemnation of 91 acres of vacant land owned [&h[...]
New York State Court of Claims Attorney’s Fees Eminent Domain Berg Investors LLC v. State of New York 111092 Judge Minarik Background: The claimant’s counsel moved to recover expenses and fees associated with the prosecution of his client’s claim against the state pursuant to the Eminent Domain Procedure Law § 701. The claimant’s attorney sought […]
Energy: Millennium Pipeline Company LLC v. Certain Permanent and Temporary Easements In Thayer Road (63.00-1-24.1)
U.S. District Court, WDNY Energy Interstate Transportation —Eminent Domain — Good Faith Negotiations Millennium Pipeline Company LLC v. Certain Permanent and Temporary Easements In Thayer Road (63.00-1-24.1) 07-CV-6560 Judge Larimer Background: The Natural Gas Act provides the Federal Energy Regulatory Commission with jurisdiction over the transportation and sale of natural gas in interstate c[...]
Appellate Division, Fourth Department Eminent Domain Due Process Challenge — Proper Procedure Matter of the Application of City of Syracuse Industrial Development Agency 1178 Appealed from Supreme Court, Onondaga County Background: The petitioner, City of Syracuse Industrial Development Agency, commenced this proceeding pursuant to EDPL article 4 seeking to acquire title to a parcel of […[...]
New York State Court of Appeals Eminent Domain Public Purpose — Eradicating Blight Matter of Kaur v. New York State Urban Development Corp. No. 125 Appealed from the First Department Background: The court is asked to determine whether the respondent’s exercise of its power of eminent domain to acquire the petitioners’ property for the development […]
ALBANY — The New York State Court of Appeals on Thursday upheld a redevelopment agency’s use of eminent domain so Columbia University can expand its Ivy League campus over 17 acres in West Harlem.
Appellate Division, Fourth Department Eminent Domain Incidental Public Benefit Matter of Syracuse University v. Project Orange Associates Services Corp. 208 EDPL 207, Proceeding initiated in the Fourth Department Background: Syracuse University commenced this original proceeding pursuant to EDPL 207 seeking to annul the determination of respondent Project Orange Associates Services Corp., authoriz[...]
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