The purpose of the Eminent Domain Blog is to provide the public with information about the practice of eminent domain law. We also hope to share relevant updates and legal developments affecting this area of the law.

Michael Rikon to Present on Cross Examination at ALI CLE Conference in San Francisco

Michael Rikon will be presenting on the “Cross Examining Appraisers: Taking Apart the Key Witness” at this year’s ALI CLE Eminent Domain and Land Value Litigation Conference. The Conference will be held at Hotel Nikko in San Francisco from February 5-7, 2015. Registration is now open by clicking here. What follows below is an advance look at Mr. Rikon’s comments and article he will share at the conference. His presentation will cover such topics as USPAP standards, prior appraisals, impeachment of the expert, and examining the appraiser’s sources. We hope you will consider attending this excellent conference. CROSS-EXAMINING APPRAISERS: TAKING … Continue reading

Posted in Appraisers, Continuing Legal Education, Litigation, Published Articles, Speaking Appearances | Leave a comment

Appellate Division Affirms $4.3 Million Award in Metro North Brewster Station Taking

Last Wednesday the Appellate Division, Second Department decided Matter of Metropolitan Transportation Authority, Etc. v. Longridge Associates, LP (Index No. 1877/03) and affirmed the lower court’s judgment, with costs. The lower court (LaCava, J.) rendered a decision on December 4, 2012 awarding Claimants $4,375,000. The subject property consisted of 52 acres of vacant land in Putnam County New York. The property was taken by the MTA as part of the Metro North Railroad’s (MNRR) Brewster North Station and Commuter Parking Lot Expansion Project. More specifically, the acquisition was intended for the expansion of commuter parking facilities and construction of an … Continue reading

Posted in Eminent Domain, Highest and Best Use, New York, Recent cases, Wetlands | Leave a comment

Appellate Division Affirms 75% Increment Applicable to Wetlands Taking

Yesterday the Appellate Division, Second Department decided In re Matter of New Creek Bluebelt, Phase 4. Lawrence N. Paolella, et al., v. City of New York, in which it affirmed the findings of Supreme Court, Richmond County (Saitta, J.). The lower ruled that there was a reasonable probability that the imposition of wetlands regulations on the subject property constituted a regulatory taking and applied a 75% increment in calculating the final condemnation award of $810,000. For the Claimants, the award represents a 338% increase over the City’s valuation of $185,000. The case involved the application of wetlands regulations to a 19,500 … Continue reading

Posted in Eminent Domain, New York, Recent cases, Wetlands | Leave a comment

Michael Rikon Publishes NYLJ Article on Public Trust Doctrine and NYC Parklands

Mr. Rikon’s most recent NYLJ, available by clicking here, discusses the public trust doctrine and recent New York cases involving challenges to public parklands. As Mr. Rikon writes, the parks are protected by the public trust doctrine, which was adopted by the States from well-established English Law. The landmark case was Illinois Central Railroad v. Illinois, 146 US 387 (1892). In that case, the Illinois legislature had granted most of the Chicago harbor to the railroad. The Supreme Court held that the State held title to the land underneath the navigable waters of Lake Michigan in trust for the public … Continue reading

Posted in New York, parklands, Published Articles, Recent cases | Leave a comment

Appellate Division Refuses to Pierce Corporate Veil in Long Island City Taking

The Appellate Division, Second Department recently reversed an order of the Supreme Court, Queens County (Rios, J.) entered October 16, 2012 which granted the Condemnor’s motion for summary judgment dismissing the claim of Tennisport, Inc. for the taking of its trade fixtures, and additionally directed that an advance payment made to Tennisport be set off against the award for the compensation for the taking of the fee. In reversing, the Appellate Division held that the fee and fixture claims were made by separate and distinct legitimate corporations, and refused to pierce the corporate veil. The property at issue was located … Continue reading

Posted in Eminent Domain, Highest and Best Use, New York, Offer & Compensation, Trade fixtures | Leave a comment