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.

Emil Realty, Co. v State of New York

A recent decision by the Court of Claims (Hon. Thomas H. Scuccimarra) approved  the Claimant Emil Realty’s request for an additional three months to file its appraisal report valuing the subject property (530 Gardner Avenue, and a permanent easement over 518 Gardner Avenue). The parties had previously stipulated to other extensions, however the State refused to consent to a further extension beyond the February 15, 2015 deadline as it had already filed its appraisal, and argued it would be prejudiced by the imposition of additional statutory interest at 9% from the title vesting date. The Court granted Claimant’s request for … Continue reading

Posted in Appraisers, Lawyers, Litigation, New York, Recent cases | Leave a comment

Appellate Division Decides Mazur Brothers v State: Verified Petition Issue

The Appellate Division Second Department issued a decision on July 15, 2015 where it reversed the order of the Court of Claims (Ruderman, J.,) dated November 13, 2013, which dismissed Mazur Brother’s Petition for lack of subject matter jurisdiction. The Appellate Division reinstated the Petition as it concluded that service of the Petition without a verification did not constitute an incurable “jurisdictional” defect. The background of the matter is as follows: Claimant Mazur Brothers Realty, Inc. filed a Verified Petition seeking to recover money owed from New York State’s appropriation and extended use of certain temporary easements over its property. … Continue reading

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

NYU Case Update: Court of Appeals Rejects Public Trust Doctrine

We are writing to provide an update on the NYU Expansion case. We previously covered the litigation on this matter in a blog post from February 2015, which can be read here. By way of background, New York University (NYU) received approval from the New York City Council to expand its campus. The project involved de-mapping certain areas currently designated as streets on City maps and using them, either permanently or for some part of 20 years, in connection with construction of new buildings. The four disputed parcels (Mercer Playground, LaGuardia Park, LaGuardia Corner Gardens and the mercer- Houston Dog Run) featured … Continue reading

Posted in New York, NYU Expansion, Public Parkland | Leave a comment

Horne v Dept of Agriculture: A Possible Aid to Obtaining Compensation for Trade Fixtures

On Monday June 22, 2015, the United States Supreme Court handed down the long-awaited decision in Horne, et al. v Department of Agriculture. The Court held that the Agriculture Marketing Agreement Act (“AMA”)’s requirement that raisin growers set aside a certain percentage of their crop for the government, free of charge, constituted an unconstitutional taking under the takings clause of the 5th Amendment to the U.S. Constitution. This case presented a unique set of facts. Under the AMA, the Secretary of Agriculture is authorized to promulgate “marketing orders” that help maintain stable markets for certain agricultural products, including raisins. Under … Continue reading

Posted in Eminent Domain, Future of the law, Personal Property, Recent cases, Trade fixtures, US Supreme Court cases | 1 Comment

Matter of City of New York (Staten Island Land Corp.)

The Supreme Court, Richmond County (Hon. Wayne P. Saitta) recently issued a decision valuing wetlands located in Stated Island that were acquired as part of the New Creek Bluebelt Phase 3 project. The case is Matter of City of New York (New Creek Phase 3), Sup. Ct., Richmond Cty, Hon. Wayne P. Saitta, Index No., 4013/06. The property at issue was acquired by the City on November 3, 2006. The total area taken was 45,208 square feet, which included a non-contiguous lot (lot 14) of approximately 5,203 feet.The property was located roughly between Hylan Boulevard,and Joyce Street, and between Stobe … Continue reading

Posted in Eminent Domain, New York, Offer & Compensation, Valuation, Wetlands | Leave a comment