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July 22, 2007

Port Chester wrongly took businessman's land, judge rules

LoHud.com brings us the ultimate nightmare situation: the eminent domain case is won - after the buildings in question have been knocked down, paved over, and made into parking lots.

Brody's fight centered on whether the village had properly informed him of its intent to seize his properties. The village announced its intention in a legal ad in The Journal News in July 1999, following a public hearing on the matter. Brody then had 30 days to challenge the village's "determination and findings" regarding the project.

Brody said he didn't find out until 2000 that the village was going to seize his properties. By that time, his 30-day window had long since expired and he no longer had the right to challenge the seizure.

Largely because of Brody's case, New York state changed its eminent domain law in 2004 to require municipalities to notify property owners by certified mail or personal delivery of decisions to seize their land.


Posted by amy at July 22, 2007 9:38 AM