Much transpired in 2010 in the fields of tax certiorari, eminent domain and tax exemptions. Specifically, the courts continue to explore the ramifications of Kelo v. City of New London,1 the scope of real property tax exemptions for forests, wealthy seniors and MTA police stations; inverse condemnation by telecommunications companies; notice and jurisdiction; valuation of gravel mining pits, electric transmission lines and refuse collection services; and the propriety of a JHO’s decision to dismiss Small Claim Assessment Review petitions based upon homeowners’ failure to permit inspection of their properties by town assessors.
The Court Of Appeals
Consistent with its 2009 decision in Matter of Goldstein v. New York State Urban Dev. Corp.,2 the Court of Appeals in Kaur v. New York State Urban Development Corp.3 reversed the Appellate Division, First Department’s annulment of a determination by the New York State Urban Development Corporation (UDC) approving the acquisition of 17 acres of privately owned property for Columbia University’s project to, inter alia, build 16 “new state-of-the-art” buildings. In finding that the project qualified as a “civic project” under the UDC Act, the Court noted that “In addition to hiring 14,000 people for construction…Columbia estimates that it will accommodate 6,000 permanent employees…the Project…Provides for the expansion of Columbia’s educational facilities and countless public benefits to the surrounding neighborhood.”
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