Eminent Domain in New York

What Is Eminent Domain?

Background

Under the Eminent Domain Procedure Law (EDPL), a two-step process is required before a condemnor obtains title to property for public use.

First, under EDPL article 2, the condemnor must make a determination to condemn the property either by using the hearing and findings procedures of EDPL 203 and 204 or by following an alternative procedure permitted by EDPL 206.

Second, pursuant to EDPL article 4, the condemnor must seek the transfer of title to the property by commencing a judicial proceeding known as a vesting proceeding.

(In Matter of the City of New York (2006) 6 N.Y.3d 540, 543.)

General Information for Complaints and Motions

“The Legislature enacted the EDPL ‘to supplant a mosaic of more than 150 scattered provisions with a uniform procedure.’” (Id., citing Matter of Jackson v. New York State Urban Dev. Corp. (1986) 67 N.Y.2d 400, 417.) The main purpose of article 2 of the EDPL is to ensure that an appropriate public purpose underlies any condemnation. (See id. at 417-418). To achieve this determination, a condemnor is required to hold a public hearing before it may approve the acquisition.” (See EDPL 201, 202, 203.)

“The condemnor's written determination must prescribe at least:

the public use, benefit or purpose to be served by the proposed public project;
the approximate location for the proposed public project and the reasons for the selection of that location; [and]
the general effect of the proposed project on the environment and residents of the locality.”

(EDPL 204 [B].)

Standard of Review and Burdens of Proof

EDPL article 2 sets forth a judicial review procedure, which allows a condemnee only 30 days within which to commence a proceeding directly in the Appellate Division for review of the condemnor's section 204 determination. ( See EDPL 207.)

“The scope of review is very limited — the Appellate Division must ‘either confirm or reject the condemnor's determination and findings,’ and its review is confined to whether:

the proceeding was constitutionally sound;
the condemnor had the requisite authority;
its determination complied with SEQRA and EDPL article 2; and
the acquisition will serve a public use.”

(In Matter of the City of New York (2006) 6 N.Y.3d 540, 546 quoting EDPL 207 [C].)

The Court’s Decision

Just Compensation

“The constitutional requirement of just compensation requires that the property owner be indemnified so that he may be put in the same relative position, insofar as this is possible, as if the taking had not occurred.” (City of New York v. Mobil Oil Corp. (2004) 12 A.D.3d 77, 81 citing City of Buffalo v. Clement Co. (1971) 28 N.Y.2d 241, 258.) “Nonetheless, ‘there is no ... formula or set of ... rules by which [just compensation can] be realized in dollars and cents.’” (Matter of Rochester Urban Renewal Agency (1978) 45 N.Y.2d 1, 8.)

“New York courts have generally examined the issue of just compensation in equitable terms and determined that just compensation is the fair market value of the property, i.e., ‘the price a willing buyer would have paid a willing seller for ... the highest and best use of the property.’” (Matter of Town of Islip (1980) 49 N.Y.2d 354, 360.)

“It is also well settled that just compensation is measured by what the property owner has lost rather than what the condemner has gained.” (City of New York v. Mobil Oil Corp. (2004) 12 A.D.3d 77, 81.)

Documents for Eminent Domain in New York

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Lucy Gambarian, Menooa Gambarian v. Igor Spivakov document preview

Notice of Appeal/Informational Statement/Copy of Order/Proof of Service

12 pages

INDEX NO. 152235/2022 FILED: RICHMOND COUNTY CLERK 05/02/2024 02:31 PM NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 05/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND oe aa ee a a ee ee eee eee eee LUCY GAMBARIAN, IN HER INDIVIDUAL CAPACITY AS LIMITED ADMI…