The purpose of the Goldstein, Rikon, Rikon & Houghton, P.C. 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.

  • BRIGHAM-KANNER PROPERTY RIGHTS CONFERENCE

               This year’s Brigham-Kanner Property Rights Conference will be held from October 12, 2017 to October 13, 2017. The annual Brigham-Kanner Property Rights Conference is presented by the William and Mary Property Rights Project and is named in recognition of Toby Prince Brigham and Gideon Kanner for their lifetime contributions to private property rights.  The conference is designed to bring together members of the bench, bar and academia to explore recent developments in the laws that affect property rights.  The Brigham-Kanner Property Rights Conference began in… read more

    Posted in Eminent Domain Conference, Land Use, Property Rights Conference
  • WHEN A JUDGE DOESN’T GET IT

    New York is one of three states in the union that does not provide for jury trials in condemnation matters.  Not only that, but there is a designated justice who is assigned to hear condemnation cases in every county.  Many of our out of state colleagues who practice eminent domain law find that having the same judge is almost as incredible as not having a jury. Most of the time, the judges assigned to the condemnation part are interested in the subject and become experts in the law.  Some courts… read more

    Posted in Appraisal, Appraisal Rule, Date of Valuation, Summary Judgment
  • The Supreme Court rejects a property owner’s regulatory taking claim

    The Supreme Court of the United Sates rejected a property owner’s regulatory taking claim in Murr v Wisconsin, 582 U.S. ____ [2017]. The claim alleged that a Wisconsin law deprived the owner of all or practically all of the use of one of two adjacent lots because the lot could not be sold or developed separately under the Wisconsin law. The Court applied a multi-part test to identify the relevant parcel for the regulatory taking inquiry. It concluded that the two lots should be evaluated as a single parcel, and… read more

    Posted in Inverse Condemnation, Recent cases
  • BROOKLYN CENTER TRIAL DECISION

    Goldstein, Rikon, Rikon & Houghton, P.C. obtained three favorable decisions from the Honorable Wayne P. Saitta after a trial handled by Jon Houghton and Ashley Levi. The three properties were located in the Willoughby Square area of downtown Brooklyn.  The plan was to upzone the land to encourage the development of office buildings in downtown Brooklyn.  As the Court noted, the majority of the development that took place since the 2004 rezonings was hotel and residential development rather than office buildings.  Although the zoning change took place some five years… read more

    Posted in Brooklyn Development Properties, F.A.R., Fair Market Value
  • WHAT LAW SHOULD APPLY IN A CONDEMNATION BY A PRIVATE ENTITY EXERCISING FEDERAL EMINENT DOMAIN AUTHORITY – FEDERAL OR STATE?

    An interesting decision was won by our Florida Owner’s Counsel of America colleague, Andrew Prince Brigham.  The case, Sabal Trail Transmission, LLC v Real Estate, et. al., was decided by Honorable Mark E. Walker in the Northern District of Florida, United States District Court on June 5, 2017, Case No. 1:16-CV-063 MW-GRJ. Sabal Transmission proposes to construct a 516.2 mile pipeline in Alabama, Georgia and Florida.  After initiating an eminent domain condemnation action against multiple private owners, it filed a motion for partial summary judgment asserting that the Fifth Amendment… read more

    Posted in Choice of Law, Property Rights, Transmission Lines