EMINENT DOMAIN - NEW YORK

Brinkmann v. Town of Southold, New York

United States Court of Appeals, Second Circuit - March 13, 2024 - F.4th - 2024 WL 1080032

Property owners filed § 1983 action alleging that town violated Takings Clause by exercising eminent domain to take their property for creation of park as pretext for defeating their commercial use.

The United States District Court for the Eastern District of New York denied owners’ motion for preliminary injunction and dismissed complaint. Owners appealed.

The Court of Appeals held that town’s exercise of eminent domain to take property for creation of park did not violate Takings Clause.

Town’s exercise of eminent domain to take property for creation of park did not violate Takings Clause, even if town took land to prevent owners’ commercial use; public park was public use, town paid fair compensation, and there was no indication that town meant to confer any private benefit or intended to use property for anything other than public park.



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