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.
From The Blog: No Land Grab
...........“This common-sense ruling is long-overdue: now, there is no question that Port Chester failed to provide Bill Brody with the basic notice guaranteed by the Constitution,” said IJ Staff Attorney Robert McNamara. “For property owners nationwide, this ruling means that there is still some teeth to constitutional protections for their homes and small businesses.
“Bill Brody has waged a heroic fight against eminent domain abuse, and it is fitting that his constitutional rights have finally been vindicated,” said Chip Mellor, IJ president and general counsel. “His never-say-die determination is a shining example for home and small business owners across the country.”
Full Story: North Country Gazette
22 Jul 2007 by admin 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.
The History Of Brody's Legal Battle