A plain-English guide to the Town of Milo's process for acquiring the 72.76-acre Route 14A parcel — still at the Town Board stage, not yet in court.
Last updated: May 2026. Reflects public record through early May.
News coverage often blends three separate legal proceedings into one story. They are not the same thing. They follow different laws and move through different forums. The eminent domain proceeding on Route 14A — the subject of this page — is one of those three.
TRACK 1
Whether the parcel can be moved from the Town of Milo into the Village of Penn Yan. An Appellate Division case in the Fourth Department.
Docket: OP 25-00325
TRACK 2
Whether the Village's environmental review was legally adequate. The trial judge ruled in October 2025. That ruling is now on appeal.
Index: 2025-5091
TRACK 3 — THIS PAGE
Whether the Town of Milo will acquire the parcel itself to permanently protect it from development. Used here as a conservation tool, not a development tool. Most people associate eminent domain with government taking property to enable construction — here, the Town is using it to do the opposite. Still at the Town Board stage — not yet a court case.
No docket yet — Town Board file
Tracks 1 and 2 are about whether the development can move forward. This page covers Track 3, which could determine whether the parcel stays available for development at all.
Source: NY General Municipal Law Article 17; CPLR Article 78; NY Eminent Domain Procedure Law Articles 2, 4, 5. Verified May 2026.
Eminent domain in New York is governed by the Eminent Domain Procedure Law. It has clear steps and firm deadlines. Here is every step from start to finish. The current step is highlighted below.
The Town Board adopts a public resolution stating it is considering acquiring specific property for a public purpose. Milo did this in December 2025.
The Town Clerk publishes notice of the hearing in the official newspaper at least 10 but not more than 30 days before the hearing, and mails certified notice to the property owner.
A public hearing where the property owner and residents can comment on the proposed acquisition. The Town Board held this hearing on February 23, 2026 with approximately 150 attendees.
Within 90 days of the hearing closing, the Town Board must issue a written Determination and Findings.
That document must state (a) the public use, benefit, or purpose of the acquisition; (b) the location of the proposed project; (c) the general effect on the environment and residents; and (d) any other factors the Board finds relevant. Assuming the hearing closed on its scheduled date of February 23, 2026, the deadline falls on approximately May 24, 2026.
The Town Clerk publishes a brief synopsis of the Determination and Findings in the official newspaper for two consecutive weeks, with a copy mailed to the property owner.
The property owner — here, the Yates County IDA d/b/a FLEDC — has 30 days from publication of the Determination and Findings to challenge it. The challenge is filed directly at the Appellate Division (skipping the trial court). The court reviews whether the Town followed the law, whether a public use exists, and whether the written findings are adequate.
If the owner files that challenge, the Appellate Division decides on the existing administrative record. There is no trial. The Court either upholds the proceeding or sets aside the findings.
If the §207 window passes without a successful challenge, the Town may file a vesting petition in Yates County Supreme Court to obtain title. EDPL §401 gives the condemnor up to three years from the Determination and Findings to file. This is the first court filing in the eminent domain track.
The property owner is entitled to fair market value. If the parties cannot agree, the Supreme Court determines compensation through an appraisal proceeding. This phase can run for years after vesting.
PATH A
If the Town proceeds and either survives or avoids a §207 challenge, the parcel is permanently restricted to agricultural use (easement option) or transferred to Town ownership and restricted (fee taking option). The proposed 500-unit development cannot proceed at this site under either option.
PATH B
If the Town's §204 Determination is set aside on appeal, or if the Town does not issue Determination and Findings within the statutory window, the eminent domain track ends. The annexation petition becomes the active path again, and the development can proceed if annexation succeeds.
Source: NY Eminent Domain Procedure Law §§201–208 (Article 2); §§401–407 (Article 4); Article 5. Verified May 2026.
At the February 23, 2026 hearing, the Town Board described two possible forms of acquisition. The Board's written Determination and Findings will say which option, if any, it chooses.
A partial acquisition that would permanently restrict the land to farming use while leaving title with the Yates County IDA. This usually costs much less than taking the full parcel, because the owner keeps title and keeps the basic responsibilities that come with it.
A complete acquisition of title by the Town, plus a conservation easement on the acquired land. Costs more, but gives the Town full ownership and control.
TAXPAYER NOTE
Whichever option the Town selects, Town of Milo taxpayers will be responsible for the cost. Just compensation is determined later in the process (Step 9), often through court-supervised appraisal. The total cost is not set or knowable at this stage.
At the March 16, 2026 Town Board meeting, a request for a public referendum on the eminent domain decision was denied. The Board was not free to send this to a public vote. Under New York's General Municipal Law and the EDPL itself, the Town Board has sole authority to decide. State law does not allow eminent domain decisions to be put to a public vote. The public gets its formal chance to speak through the hearing and the public-record rules, not through a vote.
Source: NY Eminent Domain Procedure Law §202 (hearing); §304 (compensation); NY General Municipal Law. Town Board action of March 16, 2026 reported by Finger Lakes Times. Verified May 2026.
The key documents in this proceeding are public records, or should become public as the process moves forward. Residents can check the underlying records themselves.
Town Board administrative record
The hearing notice, transcript, written submissions, Town Board resolutions, minutes, and any Determination and Findings. Available by FOIL request to the Town Clerk.
FOIL the Town record →Annexation proceeding (OP 25-00325)
NYSCEF appellate portal hosts the active annexation case. Search by docket number or party name. Slip opinions are at the NY Reporter.
Search NYSCEF →Trial-level SEQRA case (Index 2025-5091)
Trial-level filings and the October 22, 2025 ruling. Yates County Clerk, 415 Liberty Street, Penn Yan. Phone (315) 536-5120.
See trial-level records →One reason this story is hard to follow is that the Route 14A record is split across three different agencies and forums instead of being posted in one easy place.
These are the public deadlines residents can mark on a calendar. Some come from state law. Others come from court scheduling. Dates are estimates based on the public record reviewed for this page.
| Date | Event | Why It Matters |
|---|---|---|
| ~May 24, 2026 | Estimated deadline for the Town's Determination and Findings | The Town of Milo Town Board must issue its written Determination and Findings, or the process may lapse. Date assumes the February 23, 2026 hearing closed that day. The single most consequential next document in this story. |
| ~June 23, 2026 (estimate) | Estimated end of the challenge window | If Milo issues Determination and Findings on May 24, FLEDC has 30 days from publication to file a challenge directly at the Appellate Division. The window runs from publication, which can fall a few days after issuance. |
| TBD — set by AD4 Clerk | Briefing schedule for OP 25-00325 | After the petition (FLEDC) and answer (Milo) are filed, the Clerk issues a scheduling order setting brief due dates and oral argument calendar. |
| ~May 2026 | Estimated deadline for the Town to file the full appeal papers in Index 2025-5091 | Six months from filing of the November 2025 Notice of Appeal to perfect by filing the record and brief, unless the Appellate Division grants an extension. |
Source: NY Eminent Domain Procedure Law §204(A) and §207; CPLR 5530; 22 NYCRR §1250.9. Hearing closure date assumed against Town of Milo public notice and Finger Lakes Daily News reporting. Verified May 2026.
This page explains how the process works. The annexation story — including the proposed 500-unit development and the 16 due-diligence questions still unresolved — is the companion page.
How the annexation got here, the 500-unit development context, and the 16 due-diligence questions this site has not been able to resolve from the public record.
How the process works, which deadlines come next, and which records to watch.
Town of Milo Town Board (3rd Monday, 7:00 PM, 137 Main St) is where the next Determination and Findings vote would happen. Village of Penn Yan Board of Trustees (3rd Tuesday, 6:00 PM, 111 Elm St) controls the annexation petition.
FOIL pro tip — request a specific document
A focused FOIL request is harder to deny than a broad one. Try asking for these by name: