Losing one’s property in a condemnation proceeding is often hard enough to take, but what if the property is never put to the use for which it was taken. We have often observed the strong feelings that accompany a forced sale, which is what an eminent domain proceeding essentially is in its basic form. In Great Britain, the procedure is referred to as “compulsory purchase.” Here, it is condemnation for a public purpose.
Vitucci v. New York City School Construction Authority, 2001 N.Y. App. Div. LEXIS 12943, N.Y.L.J., Jan. 7, 2002, illustrates the frustration of first, losing property and, then, not being able to recover it, when the purpose for which it was taken is abandoned. The property in question was an 80,000-square-foot commercial parcel zoned M-1, Lot 32 of Block 4142, in Brooklyn, N.Y., which was used by the former owner for a retail used commercial truck business from 1980 to 1992, when it was condemned for a school.
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