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ADVERSE INTERESTS

When the City of Plattsburgh tried to acquire property to construct a recreational path along the banks of the Saranac River, Susan Ford and her husband opposed the plan. (Although the Fords' claim of right was never litigated, they alleged to own a part of the property by way of adverse possession.)

After a public hearing--as required by New York's Eminent Domain Procedure Law--the Clinton County Supreme Court granted relief in the City's favor.

And on appeal, the Appellate Division, Third Department, agreed that the outcome was procedurally proper and complied with state law. (The AD3 declined to review the argument that the "project lacked an adequate public purpose," because the Fords hadn't raised that argument earlier in the process.)

How's that for condemnation?

To view a copy of the Appellate Division's decision, please use this link: Matter of Plattsburgh v. Weed

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