U.S. District Court, N.Y. Western District dismisses church's claims under RLUIPA
In Faith Temple Church v. Town of Brighton, et al., the church alleged that the town of Brighton violated its rights when the town initiated eminent domain proceedings with regard to certain property that the church sought to acquire. The town also wanted the property in order to expand a neighboring park.
In ruling in favor of the town, the U.S. District Court for the Western District of New York concluded that the town's eminent domain proceedings did not violate the church's rights under the Religious Land Use and Institutionalized Person Act (RLUIPA). Specifically, Judge David G. Larimer found the act applied to land use regulations and zoning laws not eminent domain proceedings.
RLUIPA defines "land use regulation" as "a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant's use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest."
Applying this standard to the instant case, the court found Faith Temple's RLUIPA claims should be dismissed since the statute does not apply to eminent domain proceedings.
"The eminent domain proceedings by which the town seeks to condemn the [Westfall Road] parcel do not constitute a 'land use regulation' as that term is defined by RLUIPA, and that therefore RLUIPA is inapplicable to this case," explained Judge Larimer.
Eminent Domain is well established and tested law. RLUIPA is new and untested. There is no reason why your township does not take this property by ED. Such an action will pass legal scrutiny.
