Scott Mollen, Partner at Herrick, Feinstein LLP Realty Law Digest
Scott Mollen discusses 'Matter of PSC v. City of Albany Indus. Dev. Agency,' and 'Zheng v. Choudhary.'
December 21, 2021 at 02:32 PM
15 minute read
Condemnation—Government Agency Can "Take" Operating Parking Lots in Order To Further an Economic Development Plan—Public Hearing by Zoom Is Permissible—Definition of "Public Purpose" Is Broad—Economic Underdevelopment and Stagnation May Be Considered "Blight"—Agency Need Not Have Specific Plan in Place To Use Eminent Domain—SEQRA Determination Was Adequate—Plan To Transfer Property to Private Ownership Does Not Negate Public Purpose
This decision involved a proceeding initiated pursuant to Eminent Domain Procedure Law (EDPL) 207, to review a determination by a city Industrial Development Agency (IDA) to condemn 11 parcels of the petitioner's property for a "mixed-use redevelopment project (project)."
The petitioner's predecessors in interest leased 10 properties for "parking and other lawful purpose" for a period of 50 years. The lease had been assumed by a city Convention Center Authority. Thereafter it was transferred to the respondent (Development, LLC). The Development, LLC is a wholly owned subsidiary of a municipal corporation which serves as the city's economic development arm (city corporation).
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