US-New YorkCan the state condemn my property for private economic development?
Yes, New York allows condemnation for private economic development under limited circumstances, but only if the project serves a 'public use' as defined by law and court rulings.
What the Law Says
New York law permits the state and local governments to take private property through eminent domain for projects that serve a 'public use' — which, under certain conditions, may include private economic development.
The power of eminent domain in New York is governed primarily by the Eminent Domain Procedure Law (EDPL). Under EDPL § 202, 'public use' includes not only traditional uses like roads or schools, but also projects that eliminate blight, promote economic revitalization, or provide housing — even if private entities will ultimately own or operate parts of the project.
However, after the controversial U.S. Supreme Court decision in Kelo v. City of New London (2005), New York enacted reforms. The 2009 'Public Use Reform Act' amended EDPL § 202 to clarify that 'public use' does not include taking property solely for private economic development unless the project also serves a broader public purpose — such as eliminating blight or providing affordable housing.
EDPL § 207-c requires a five-year post-acquisition review to ensure the condemned land is actually used for the stated public purpose. If it is not, the original owner may petition for restitution.
Statutory Text‘Public use’ includes the acquisition of real property for the purpose of eliminating or preventing slum or blighted conditions, promoting economic development, or providing housing for low- and moderate-income persons.
— Eminent Domain Procedure Law § 202(5) — Definition of public use
Statutory TextNo real property shall be acquired by eminent domain where the primary purpose is economic development that benefits private parties unless the property is located in an area found to be blighted...
— EDPL § 202(5)(b) — Limitation on economic development takings
Statutory TextWithin five years after the date title vests in the condemnor, the condemnor shall file a report with the legislature describing the actual use of the property...
— EDPL § 207-c — Post-acquisition review
What Courts Have Said
New York courts have interpreted the 'public use' requirement narrowly since the 2009 reforms, rejecting condemnations where the public benefit is speculative or secondary to private gain.
Upheld the Atlantic Yards redevelopment plan, finding that blight designation and mixed-use development satisfied the public use requirement—even though much of the land would be used by private developers.
Allowed condemnation where the developer demanded a buyout from one holdout property owner before proceeding — though this case was decided under federal law and pre-dated NY’s 2009 reforms.
What to Do
Review the condemning authority’s blight study and public purpose findings — they must be specific and evidence-based.
Challenge the taking in court within 30 days of the vesting of title, arguing lack of genuine public use or procedural defects.
Request the EDPL § 207-c five-year usage report and consider filing for restitution if the land is misused.
Consult an attorney experienced in New York eminent domain law — deadlines and procedures are strict.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.