49 WB, LLC v. Village of Haverstraw
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.
The decision of the United States Supreme Court in Kelo v New London (545 US 469 [2005]) has reshaped, in certain respects, the concept of eminent domain. For the first time, the Supreme Court held that a municipality’s taking of nonblighted private property by eminent domain, in furtherance of a plan for economic development that would be open for use by the general public, constitutes a permissible “public use” within the meaning of the Fifth Amendment of the Federal Constitution (id. at 487-490). The five-judge majority in Kelo emphasized that nothing in its…
2Cases cited75 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Pennell v. City of San JoseSupreme Court of the United States · 1988
- Kelo v. City of New LondonSupreme Court of the United States · 2005
- Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
- Walker v. City of HutchinsonSupreme Court of the United States · 1956
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3Cited by20 opinions
- Aspen Creek Estates, Ltd. v. Town of BrookhavenAppellate 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
- Goldstein v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Zutt v. StateAppellate Division of the Supreme Court of the State of New York · 2012
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