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.

The Trial of an Eminent Domain Claim in New York

An eminent domain case has special standing in New York Jurisprudence.  A condemnation taking is a forced sale of property.  The claim for damages arising from such a taking is constitutionally protected by both the United States and New York State Constitutions.  Because of the “despotic power” of eminent domain and the condemnor’s constitutional obligation to pay the full value of the property, the condemnor’s duty in eminent domain cases is not to win at all costs, but to do justice. Just as the Government’s interest in a criminal prosecution is not that it shall win a case, but that … Continue reading

Posted in Eminent Domain, Litigation, New York | Leave a comment

Supreme Court, Rockland County Agrees with Claimant’s Highest & Best Use, Awards $741,671.00 in Just Compensation

The Supreme Court of Rockland County recently decided the case of Ferguson Management Company, LLC v The Village of Haverstraw, in which it awarded Claimant $721,671.00 as just compensation for the taking of its property. The subject property was located at 2 Dr. Girling Drive in Haverstraw and was acquired on July 26, 2006 by the Village as part of its effort to develop the waterfront with residential units known as the “Harbors at Haverstraw.” The site was improved with a one-story mezzanine warehouse/garage building consisting of finished office and three truck bays. The building was occupied by the trade fixture … Continue reading

Posted in Advance Payments, Appraisers, Highest and Best Use, New York, Offer & Compensation, Recent cases, Valuation | Leave a comment

Update: New York Court of Appeals to Hear NYU Expansion Case

We are posting with an important update on our previous blog regarding NYU’s planned expansion into implied parkland in NYC: The New York Court of Appeals has agreed to hear the case. By way of refresher, the case involves NYU’s planned $6 billion, 2-million square foot expansion that will impact three parks- Mercer playground, LaGuardia Park and LaGuardia Corner Gardens. These parks have been used by the public, and according to the Petitioners, should be protected from development as “implied” parkland with the City funding, labeling, and maintaining them as such. Conversely, the City and  NYU argue that the parks are … Continue reading

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

Case Alert: Negligence Action Regarding Misclassification of Appraised Property is Time-Barred

The Appellate Division, Fourth Department recently decided a case we thought might be interesting to appraisers: Nothnagle Home Securities Corp. v Bruckner, Tillet, Rosse, Cahill & Associates and Patrick W. Cahill, NY Slip Op 01342 (February 13, 2015). The case involved a negligence and breach of contract action brought by homeowners against the appraisal company, alleging that the defendants had negligently appraised a parcel of real property: they had misclassified of the structure on the property as a modular home rather than a manufactured home. As a result of the misclassification, plaintiffs were required to indemnify the United States Department … Continue reading

Posted in Appraisers, New York | Leave a comment

Could New York City’s Requirement to Build Affordable Housing Effect a Taking?

New York City Mayor Bill de Blasio has pledged to create or preserve 200,000 affordable units of housing in the next decade.  Among the several proposals being considered, one idea is to amend or remove a controversial real estate tax abatement available under section 421-a of the Rent Act of 2011.  The abatement gives developers a property tax break, in decreasing amounts, over a 25 year period.  The statutory authority for abatement expires this Spring.  In certain neighborhoods in the City, developers must set aside a percentage of units which are affordable.  But in other parts of the City, there … Continue reading

Posted in Economy, Eminent Domain, New York, Published Articles, Real Estate, tax abatement, Zoning | Leave a comment