The Second Department handed down two decisions in two consecutive weeks deciding challenges to determinations adopted to condemn property by eminent domain for the purpose of returning the property to productive use in accordance with the City of Yonkers Master Plan in two separate urban renewal plans. Matter of One Point St. v. City of Yonkers Indus. Dev. Agency, ____ A.D.3d ____, 2019 NY Slip Op 01769 (March 13, 2019); Matter of City of New York v. Yonkers Industrial Development Agency, ____ A.D.3d ____, 2019 NY Slip Op 02087 (March 20, 2019). Both challenges arose by virtue of petitions filed pursuant to §207 of the Eminent Domain Procedure Law, which is the exclusive way to challenge a proposed condemnation in New York. EDPL §204.
Under the law, the condemnor must conduct a public hearing following proper public notice. EDPL §201. Within 90 days, the condemnor must make findings on specific issues. Section 204 provides that:
(B) The condemnor, in its determination and findings, shall specify, but shall not be limited to the following:
1) the public use, benefit or purpose to be served by the proposed public project;
2) the approximate location for the proposed public project and the reasons for the selection of that location;
3) the general effect of the proposed project on the environment and residents of the locality;
4) such other factors as it considers relevant.
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