Legal Opinion
Matter of City of Ny (Grand Lafayette)
New York Court of Appeals
Decided April 4, 2006PublishedCited by 61 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
The City of New York brought this eminent domain vesting proceeding to acquire a parcel of real property for use in a public improvement project involving the City’s water system. Because the landowner failed to timely challenge the taking in a CPLR article 78 proceeding, we conclude that its excessive taking claim is time-barred. We therefore affirm the grant of the petition permitting the City to take title.
Under the Eminent Domain Procedure Law (EDPL), a two-step process is required before a condemnor obtains title to property for public use. First, under…
2Cases cited9 opinions
- Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
- Best Payphones, Inc. v. Department of Information Technology & TelecommunicationsNew York Court of Appeals · 2005
- Stop-The-Barge v. CahillNew York Court of Appeals · 2003
- Hallock v. State of New YorkNew York Court of Appeals · 1973
- Long Island Pine Barrens Society, Inc. v. Planning Board of BrookhavenNew York Court of Appeals · 1991
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3Cited by61 opinions
- Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2007
- Eadie v. Town BoardNew York Court of Appeals · 2006
- 49 WB, LLC v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 2007
- Syracuse University v. Project Orange Associates Services Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Hargett v. Town of TiconderogaNew York Court of Appeals · 2009
56 more not listed; retrieve them via the Exa API.