Eminent domain decision on Lakeshore Drive land delayed
“A long-delayed decision on whether a former Lakeshore Drive property owner received just compensation following the city of Canandaigua’s 2009 decision to use eminent domain to acquire his land has once again been pushed back.
According to a spokesperson from Judge William Kocher’s office, all submissions from both parties — the city and Dan Homik — have now been received. The final documents were received by Kocher’s office Dec. 2, and the 60-day deadline to make a ruling also began on Dec. 2.
Homik’s lawsuit is to determine whether the $1.7 million he received from the city’s use of eminent domain on his 5.4-acre property, at 215 Lakeshore Drive, was just compensation. Eminent domain is the right of a government to take private property for public use, with compensation.
Both parties handed in proposed findings — closing arguments from the trial earlier this year — Oct. 16. The documents submitted in December were answers to post-trial briefs that were previously received, Kocher’s spokesperson said.”
Pukos, Scott. Daily Messenger 17 December 2013.