MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs 5465 Route 212, LLC and Robert Day (“Plaintiffs”) bring this action under 42 U.S.C. §1983 and the New York State constitution against Defendants New York State Department of Transportation (“DOT”), Commissioner of DOT Marie Therese Dominguez, and John and Jane Does, alleging that Defendants improperly exercised their “power of eminent domain” to seize and condemn Plaintiffs’ property for use as part of a public project to build a new bridge. (Dkt. No. 25, at 8). Plaintiffs allege: (1) violations of the Fourteenth Amendment right to equal protection and due process; (2) violations of the Fifth Amendment right to just compensation under the Takings Clause; (3) violations of the Fourth Amendment right against unlawful search and seizure; and (4) violations of their due process rights under the New York State Constitution. (Dkt. No. 25, at 25-27). Plaintiffs seek both monetary damages and injunctive relief. (Id. at 24). Presently before the Court is Defendants’ motion to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 31). The parties have filed responsive papers. (Dkt. No. 31, 37, 38). For the reasons that follow, Defendants’ motion is granted. II. PROCEDURAL HISTORY Plaintiffs brought this action on December 2, 2019, (Dkt. No. 1), and Defendants filed a motion to dismiss on February 17, 2020, (Dkt. No. 9). On March 2, 2020, Plaintiffs filed a motion for a temporary restraining order and a preliminary injunction seeking to enjoin Defendants from seizing Plaintiffs’ property. (Dkt. Nos. 10, 11). Following oral argument on the motion, the Court denied Plaintiffs’ request. 5464 Route 212, LLC v. New York State Department of Transportation, No. 19-cv-1510, 220 WL 1888976, 2020 U.S. Dist. LEXIS 66905 (N.D.N.Y. April 16, 2020). Plaintiffs filed an amended complaint on April 3, 2020. (Dkt. No. 25). On April 23, 2020, Defendants filed, with the Court’s leave, the pending amended motion to dismiss. (Dkt. No. 31). III. FACTS1 On March 28, 2019, Plaintiffs purchased property located at 5464 Route 212, Mt. Tremper, New York (“the Premises”) which included a six-bedroom house built in 1903. (Dkt. No. 25, at
21, 224). Plaintiffs purchased the Premises from Kyle Steller for $25,000.00. (Id. 42). The Premises had been “damaged by flooding during Hurricane Irene” and the house had been “entirely gutted” when Plaintiffs purchased it. (Id.
