The Trump administration’s infrastructure plan will be out in a few weeks and will call for $200 billion in taxpayer money to generate $1 trillion in private investment in over ten years. President Trump’s pledge to spend $1 trillion on infrastructure was a top campaign promise, but has received little attention amidst the daily disasters of his administration. Indeed, it may be the rare area that appears ripe for bipartisan support. Not that there isn’t some concern that the plan to have private investment will come at the cost of… read more
May 12, 2017
We previously wrote about the physical wall that is to be constructed between the United States and Mexico. The immediate construction was authorized by Presidential Order on January 25, 2017. President Trump is asking Congress for $4.1 billion through next year to start construction. The estimated cost to build the wall ranges from $20 billion to $70 billion. Building the structure will require acquiring private property through eminent domain. This is not a popular idea anywhere, least of all in Texas. According to the South Texas Property Rights Association which… read more
April 21, 2017
The Attorney General of the State of New York promotes himself as the “People’s Lawyer” which is the guardian of the legal rights of the citizens of New York. I submit that property owners whose property is appropriated by the New York State Department of Transportation are within the ambit of protection. The Attorney General’s office defends the State when an appropriation claim is filed. But as advocates for NYSDOT, it would appear that the legal rights of claimants mean nothing in the effort to keep compensation awards as low… read more
April 12, 2017
Often the State of New York will appropriate property for a highway project by utilizing three different types of takings, full fee takings, temporary easements and permanent easements. Some appropriation maps will indicate all three types of takings. The fee taking is valued on all damages which result, direct and any severance or consequential damages to the remainder. The temporary easement is valued at a rental value plus imputed expenses such as real estate taxes. In addition, if the continued existence of the temporary easement causes damage to the remainder,… read more
March 23, 2017
“We’re Going to Build a Wall and Mexico is Going to Pay for It” – Not So, You are Going to Pay for It.
The immediate construction of a physical wall between Mexico and America was authorized by Presidential Executive Order on January 25, 2017, but there is no provision for funding from Mexico. The President is asking congress for $4.1 billion through next year to begin construction of a wall, a project that may cost as much as $25 billion, plus annual repairs. A sea to sea barrier would require control of land along 2,000 miles. This means that much land would have to be acquired by eminent domain. As part of the… read more
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.