ALBANY -- New York's top court says a Long Island town can use eminent domain to take farmland from a developer, finding the taking is constitutionally proper.
In a ruling Tuesday, the Court of Appeals says Brookhaven took Aspen Creek Estates Ltd.'s 39 acres under a "legislatively declared public policy in favor of farmland preservation." Voter-approved bond acts provided $130 million statewide to acquire ownership or development rights, including the 500-acre farmland tract that contained Aspen Creek's parcel.
The developer outbid the town and bought the parcel for $1.4 million in 2004. Town bids rose to $4 million in 2006, which Aspen Creek rejected. It called subsequent eminent domain proceedings "a flagrant land grab" to benefit the individual who will farm the property.
The developer outbid the town and bought the parcel for $1.4 million in 2004. Town bids rose to $4 million in 2006, which Aspen Creek rejected. It called subsequent eminent domain proceedings "a flagrant land grab" to benefit the individual who will farm the property.
Citizen
Hot Jobs
New! Off the Menu
The Citizens' Say
Post your comment - click hereThere are 3 comment(s)
Farmer's Gal wrote on Feb 17, 2009 5:39 PM:
Northender wrote on Feb 17, 2009 4:38 PM:
Farmer's Gal wrote on Feb 17, 2009 1:49 PM: