In the city of Tarrytown, New York, Citibank operated a branch that included a building and a parking lot with thirty-six spaces. Tarrytown leased twenty-one of the spaces from Citibank for use as public parking. When Citibank closed the branch and decided to sell the building, the public was denied access to the parking lot. After a public hearing, the city concluded that it should exercise its power of eminent domain to acquire the twenty-one spaces to provide public parking. Is this an appropriate use of the power of eminent domain? Suppose that Citibank opposes the plan and alternative sites are available. Should Tarrytown be required to acquire those sites instead of Citibank’s property? In any event, what is Tarrytown’s next step? Explain. [Matter of Citibank, N.A. v. Village of Tarrytown, 149 A.D.3d 931, 52 N.Y.S.3d 398 (2 Dept. 2017)] (See Transfer of Ownership.)
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