Scott Mollen, Partner at Herrick, Feinstein LLP Realty Law Digest
Scott Mollen discusses "In the Matter of Brett B. Truett v. Oneida County," and "St. George Hotel Assocs. LLC v. Affiliated FM Ins. Col."
January 18, 2022 at 02:03 PM
12 minute read
Condemnation—Although the Need for a Parking Facility Was Partly Attributable to a "Nearby Private Construction Project" Involving Construction of a Hospital, Court Found That the Taking Will "Serve the Public Use of Mitigating Parking and Traffic Congestion"—Taking Complied With SEQRA and the Eminent Domain Procedure Law Procedural Requirements—EDPL Art. 2 Hearings May Be Held Virtually
Petitioners had commenced a proceeding seeking to annul a county's determination to condemn certain real properties "for the construction of a public parking facility."
The court held that the county had "properly determined that the condemnation" "will serve the public use of mitigating parking and traffic congestion, notwithstanding the fact that the need for the parking facility is, at least in part, due to a nearby private construction project, i.e. the construction of a hospital…." The court also held that the taking complied with the requirements of the State Environmental Quality Review Act (SEQRA) and the procedural requirements of the Eminent Domain Procedure Law (EDPL).
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