Are there any restrictions on the type of property subject to eminent domain?

In New York, there are some restrictions on the type of property that can be seized through eminent domain law. Generally, the private property of individuals and companies can be taken for public use, but only if it is of “public benefit.” This usually means that the land or building will be used for an infrastructure project, housing project, or public building. Additionally, the taking of property for the sole benefit of a private party is not allowed in New York. Property that is exempt from eminent domain includes churches, places of worship, or other religious buildings; property owned by the government; cemeteries, parks, and other publicly owned lands and facilities; and property owned solely by the individual, such as homes, small businesses, and farms. Additionally, a property owner may receive compensation for any property taken for public use, though the property owner may challenge the value of the compensation in court. Ultimately, the courts in New York are the final authority on what type of property is subject to eminent domain. They will determine whether the proposed public use is legitimate and decide if any restrictions should be placed on the seizure of the land. As such, if a property owner believes that the taking of their property is unjust or not for public benefit, they can file a legal challenge in court.

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Are there any restrictions on the type of property subject to eminent domain?

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