How Much Deference to Public Use Determinations?

How closely will New York courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that private property is necessary for public use. Two recent decisions, however, suggest that there are limits to that deference.

6 minute readFebruary 01, 2023 at 01:31 AM
By
Stewart E. Sterk
How Much Deference to Public Use Determinations?

How closely will New York courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that

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