Appeals Court Split on Town’s Motive for Taking Brothers’ Land

A Long Island town’s exercise of eminent domain to create a park didn’t violate the Takings Clause, even with sufficient evidence to allege the move was intended to block development of a hardware store, a split panel of the Second Circuit ruled.

So long as the taking is for a public purpose, Judge Dennis G. Jacobs said “courts do not inquire into alleged pretexts and motives.” Disagreeing with dissenting Judge Steven J. Menashi, Jacobs — writing for majority — said that even an undeveloped park satisfies the public use requirement and, without more, forecloses additional inquiry into a municipality’s motives. ...