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.

Appellate Division Refuses to Pierce Corporate Veil in Long Island City Taking

The Appellate Division, Second Department recently reversed an order of the Supreme Court, Queens County (Rios, J.) entered October 16, 2012 which granted the Condemnor’s motion for summary judgment dismissing the claim of Tennisport, Inc. for the taking of its trade fixtures, and additionally directed that an advance payment made to Tennisport be set off against the award for the compensation for the taking of the fee. In reversing, the Appellate Division held that the fee and fixture claims were made by separate and distinct legitimate corporations, and refused to pierce the corporate veil. The property at issue was located … Continue reading

Posted in Eminent Domain, Highest and Best Use, New York, Offer & Compensation, Trade fixtures | Leave a comment

Games Condemnors Play: When Appraisers Lose Credibility

  In his book, “Expert Witness in the Legal System: A Scientist’s Search for Justice,” Morris S. Zedek wrote that in 2001, the Committee on Criminal Advocacy of the Association of the Bar of the City of New York surveyed judges about the prevalence of perjury in the New York metropolitan area. In regard to expert witnesses, of the thirty judges who responded, 50 percent said they encountered occasional perjury. This is not surprising to a trial lawyer. In condemnation cases, most reputable appraisers do not commit perjury. They may tend to direct the valuation by more subtle ways. Key … Continue reading

Posted in Appraisers, Eminent Domain, Highest and Best Use, New York, Recent cases, Trial Preparation | Tagged | Leave a comment

Eminent Domain to Lower Mortgages: A Silly Idea That Won’t Go Away

Last year we read about the plan of the City of Richmond California to condemn underwater mortgages to squeeze them from financial institutions and refinance them for the homeowner. Financial institutions sued and the plan was aborted. But now we read that the City of San Francisco has an idea to partner with nearby Richmond on the same program. Supervisor John Alvos was quoted in the San Francisco Examiner as saying, “The issue of distressed mortgages is real in San Francisco, data showed that there are hundreds of homes at risk right now and there are thousands more potentially at … Continue reading

Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain Abuse, Mortgage seizures | Leave a comment

Time to Curb Developers from Controlling Condemnation Litigation

If you are reading an appellate court decision deciding a condemnor’s appeal from an award your client recovered and the Court quotes Judge Cardozo in New York, O. & W.R. Co. v. Livingston, 238 NY 300 (1924), it’s not good. This is the case where Judge Cardozo wrote that “it is the duty of the state ,in the conduct of the inquest by which the compensation is ascertained, to see that it is just, not merely to the individual whose property is taken, but to the public which is to pay for it.” So if you read this sentence in … Continue reading

Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, Future of the law, New York, Offer & Compensation, Recent cases, Valuation | Leave a comment

Atlantic City’s Eminent Domain Mania

The 2 billion dollar casino hotel Revel closed its doors, unable to find a buyer in Bankruptcy Court. The showboat casino closed. The Wall Street Journal reported on September 9, 2014 that Trump Entertainment Resorts filed for Chapter 11 bankruptcy; this includes Trump Taj Mahal and Trump Plaza casinos. Charles V. Bagli, writing in the New York Times on September 8, 2014, reported that the highest-grossing casino in America is not in Nevada or in Atlantic City, but in a hardscrabble neighborhood near Kennedy Airport where a Malaysian Conglomerate, the Genting Group, opened Resorts World Casino New York City. Mr. … Continue reading

Posted in Eminent Domain Abuse, New York | Leave a comment