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.

  • 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
  • WE NEED THE GATEWAY TUNNEL AND PENN STATION REDEVELOPMENT NOW

    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

    Posted in Gateway Tunnel, Infrastructure Plan, Penn Station, Public Purpose
  • ABOUT THE BORDER WALL THAT YOU WILL PAY FOR

    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

    Posted in Attorneys' Fees, Border Wall, Landowner Lawsuits, Property Rights