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Eminent Domain Law
Condemnation Rationally Related to Public Purpose Citibank, N.A. v. Village of Tarrytown NYLJ 4/21/17, p. 30, col. 4 AppDiv, Second Dept. (memorandum opinion)
Landowner sought review of the village's eminent domain determination. The Appellate Division confirmed the determination, holding that it was rationally related to the stated public purpose.
Citibank owns a parcel, previously used as a branch bank, which contains a building and a parking lot with 36 spaces. Since 1999, the village has leased some portion of the parking spaces, most recently 21 of those spaces, for use by the public. When Citibank closed the branch in January 2016, it decided to sell the parcel, including the parking spaces, and closed the spaces to the public. The village then issued a determination and findings that it should exercise its eminent domain power to acquire 21 spaces for public parking. Citibank brought this proceeding to challenge that determination.
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