UPDATE: N.Y. Court of Appeals Affirms State’s Use of Eminent Domain for Columbia’s Manhattanville Campus
On June 24, 2010, the New York State Court of Appeals reversed the First Department’s December 2009 decision for In re Parminder Kaur v. N.Y.S. Urban Development Corp., holding that the taking of private property for use by Columbia University was a proper exercise of the State’s eminent domain powers. This decision relied on and affirmed the standards used in In the Matter of Daniel Goldstein v. N.Y.S. Urban Development Corp., in which the Court of Appeals previously upheld the exercise of eminent domain powers to acquire private property in the Atlantic Yards area of Brooklyn, New York for future development by a private developer.
This Stroock Real Estate Practice Group Special Bulletin provides a brief overview of the Court of Appeals’ decision.