"Eminent Domain: The Taking of Private Property for Public Use – An Examination of Recent New York State Decisions in Light of Kelo v. City of New London"

In the last month, New York courts have issued two important decisions regarding the use of eminent domain/condemnation powers.  The first was the November 24, 2009 decision by the Court of Appeals of the State of New York in In the Matter of Daniel Goldstein v. N.Y.S. Urban Development Corp., in which the court upheld the exercise of eminent domain powers in the Atlantic Yards area of Brooklyn, New York to acquire private property for future development by a private developer.  In the second, In re Parminder Kaur v. N.Y.S. Urban Development Corp., the First Department held on December 3, 2009 that the taking of private property in the Manhattanville area of West Harlem, New York for use by Columbia University was improper. 

This Stroock Real Estate Practice Group Special Bulletin looks at these two decisions in light of Kelo v. City of New London, a landmark decision in which the U.S. Supreme Court upheld the taking of private property to effectuate an economic development plan.