Court upsets Columbia’s eminent domain option

Property owners challenge ESDC’s authority to use eminent domain on behalf of Columbia. Looking to expand in West Harlem, Columbia University teamed up with the City’s Economic Development Corporation in 2001 to redevelop the area. Not long after, EDC issued a West Harlem Master Plan. The plan stated that West Harlem could be redeveloped through rezoning, and did not mention any blighted conditions in Manhattanville. Columbia began purchasing property in the area in 2002 for … <Read More>


Court of Appeals Blocks Willets Point Development

Legislative approval would be needed in order to build retail stores, restaurants and a movie theater on Willets West parkland. The Special Willets Point District was approved by the City Council in 2008. The rezoning was controversial; area businesses and residents were concerned over the relocation of businesses, the possibility of eminent domain, and traffic congestion. As a result, a lawsuit was filed against the City by business owners and residents but was dismissed … <Read More>


De Facto Taking Claim Fails

Owner claimed de facto taking when City installed storm drains that flooded land designated as a wetland. The firm 594 Associates, Inc. acquired vacant land on Staten Island in 1985. The land was designated freshwater wetlands or wetlands adjacent area, and therefore development was not permitted. On September 26, 2005, the City constructed a headwall on the property’s border with an adjacent street. The headwall contained an outlet for one of the adjacent street’s storm … <Read More>


Taking of Harlem Property Approved

Opponents claimed City missed three-year time period to initiate eminent domain proceedings. In June 2009, the City authorized the taking of ten parcels of land near East 125th Street by eminent domain. The takings were part of an urban renewal plan in an area known for African-American art, entertainment, and history. Some of the affected properties included a thirty-year-old auto business, a not-for-profit center, a BP service station and a billboard stanchion. The parcels were … <Read More>


Court increases award for East Side Access properties

MTA took private land to expand Sunnyside Rail Yard for East Side Access Project. The Metropolitan Transportation Authority acquired 38-38 43rd Street and 38-40 43rd Street in Sunnyside, Queens through eminent domain. The MTA plans to use the lots to expand the Sunnyside Rail Yard for the East Side Access Project, which would connect the Long Island Rail Road directly to Grand Central Terminal in Manhattan. 38-38 43rd Street consisted of a two-story storage, warehouse, … <Read More>


MTA must compensate for taken trade fixtures

Fulton Street Transit Center. Image: Mary Gillen.

MTA claimed that compensation for trade fixtures in building taken for transit project would constitute improper windfall payment. Three restaurant tenants in a three-story building at 194 Broadway in Lower Manhattan sought compensation for their trade fixtures after the Metropolitan Transportation Authority acquired the property through eminent domain for its Fulton Street Transit Center project. The three restaurants were separately incorporated, but were owned by the same individual … <Read More>