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.

Blau Rock LLC v State of New York

The Hon. Thomas H. Scuccimarra authored an excellent decision recently in the New York Court of Claims: Blau Rock LLC v State of New York. At issue was the amount of interest due on the deposit of an advance payment owed to Claimant Blau Rock LLC (“Blau Rock” or “owner”) for the acquisition of a portion of its property in connection with the construction of the Palisades Trailway. The specific background of the case is as follows. Under Eminent Domain Procedure Law 304(A), when a Condemnor acquires property, it must make a written offer to the condemnee stating that: (1) the … Continue reading

Posted in Advance Payment Agreement, Advance Payments, Eminent Domain, Litigation, New York, Recent cases | Leave a comment

The Second Higher Appraisal: Stop the Games and Produce it

A recent, unanimous decision of the Virginia Supreme Court held that a prior appraisal used for the payment of an advance payment should have been admitted in evidence as an admission. Ramsey v Commissioner of Highways, __ Va. ___ (Record number 140929). The  full decision of the Court can be read here. The facts were fairly simple. The Ramseys owned a parcel of land in the City of Virginia Beach. The Highway Department took a portion of the land for Route 264. Prior to the taking, the Condemnor valued the property at $500,000 and the damages at $246,292. The property … Continue reading

Posted in Advance Payments, Eminent Domain, Eminent Domain Abuse, Offer & Compensation, Recent cases, Sandbagging | Leave a comment

New York’s Tax Cap Statute and Recent Tax Certiorari, Eminent Domain and Exemption Cases

The Hon. Thomas A. Dickerson and John Mechman, Esq. have authored an excellent article published in the Westchester Bar Journal titled “New York’s Tax Cap Statute and Recent Tax Certiorari, Eminent Domain, and Exemption Cases. The article provides a synopsis of interesting and relevant cases decided in the 2014 calendar year by New York Supreme Courts and is available by clicking here. The first topic addressed in the article is New York’s tax cap statute, which was signed into law by Governor Cuomo on June 30, 2011. The statute provides that (1) No local government may increase its property tax … Continue reading

Posted in New York, Recent cases, Tax Certiorari, Valuation | Leave a comment

“Rearranging the Deck Chairs When the Ship is Going Down: Protecting Your Condemnation Record for Appeal”

Michael Rikon recently co-authored an article published in the Practical Real Estate Lawyer with James D. Masterman. The article is titled “Rearranging the Deck Chairs When the Ship is Going Down: Protecting Your Condemnation Record for Appeal” and is available online by clicking here. The article offers practical insight, tips, and guidelines for how best to preserve the record for a possible appeal. Although many practitioners may feel confident during a trial that things are going their way, the authors point out that in almost every case there may be an error warranting an appeal; thus “the best practice is … Continue reading

Posted in Litigation, Published Articles | Leave a comment

The Constitution Pipeline & Partial Takings

For those of you not in the New York area, the Constitution pipeline is a proposed project to build  a  124-mile transmission pipeline connecting natural gas supplies in northern Pennsylvania with major northeastern markets. The pipeline is designed with the capacity to transport 650,000 dekatherms of natural gas per day (which is enough to serve 3 million homes, according to the Constitution Pipeline website.) The pipeline itself is 30 inches wide and will extend from Susquehanna County, Pa. to Schoharie County, New York. Construction is expected to begin this summer. What will this mean for property owners who may be … Continue reading

Posted in Constitution Pipeline, Energy Companies, New York, Partial Takings, Published Articles, Valuation | Leave a comment