“Proposed Amendments to New York State’s Eminent Domain Law”
In response to the recent decisions by New York State courts in Goldstein v. N.Y.S. Urban Development Corp. and Kaur v. N.Y.S. Urban Development Corp., which relate to the use of eminent domain/condemnation powers for public use, the New York State Legislature has proposed a number of amendments to the existing eminent domain law in the State, including (i) the creation of a temporary state commission to examine the existing eminent domain law; (ii) limitations on the exercise of eminent domain powers through the enactment of the Eminent Domain Reform Act; (iii) creation of an eminent domain ombudsman; and (iv) clarification of the definition of “blight,” which is a necessary finding for the exercise of condemnation powers in certain cases.
This Stroock Real Estate Practice Group Special Bulletin examines each of the proposed amendments (collectively, the “Legislation”), comparing them to the current eminent domain law and highlighting some of their potential benefits and implications.