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.

New York Law Journal: The Condemnation Expert’s File: Minefield for Cross-Examination

Michael Rikon recently authored a column published in the New York Law Journal titled The Condemnation Expert’s File: Minefield for Cross-Examination. In condemnation cases, each side hires an expert to prepare an opinion on the value of the property. As Mr. Rikon explains in the article, once that expert testifies at trial, his or her work file becomes discoverable by the opposing side, and is often rife with material for cross-examination. This material can range from inaccurate data or the use of a faulty valuation method, to evidence of coaching, bias or editing by the attorney who hired the expert. … Continue reading

Posted in Appraisers, Lawyers, Offer & Compensation, Recent cases, Sandbagging, Trial Preparation, USPAP | Leave a comment

Harlem Urban Renewal, the Statute of Limitations, and the Doctrine of Stare Decisis

The Supreme Court, New York County recently issued an interesting  decision by the Hon. Shlomo S. Hagler. The case was in the Matter of City of New York, Fifteenth Amended Harlem-E. Harlem Urban Renewal Plan (East 125th Street), Stage 1. The Decision and Order was issued August 13, 2015 and dealt with several motions by the respondent condemnees, which will be discussed herein. The condemnees collectively included City Lights Properties Three LLC, 2305-07 Third Avenue LLC, 2017 East 125th Street LLC, and 205 East 125th Street LLC. The procedural background of the case is important in order to understand the instant … Continue reading

Posted in Challenging condemnation, Condemnation Procedures, Harlem Urban Renewal Project, New York, Recent cases, Statute of Limitations | Leave a comment

Blue Island Development, LLC v Town of Hempstead, An Inverse Condemnation

The Appellate Division, Second Department handed down the Blue Island decision on August 12, 2015 (2015 NY Slip Op 06488). The decision can be read by clicking here: Blue Is. Dev., LLC v Town of Hempstead. The decision sets forth an interesting case dealing with a taking claim which arose because of the imposition of a restrictive covenant upon the granting of a zoning change. Blue Island Development acquired a parcel of land which had been used as an oil storage facility. It intended to remediate the environmental contamination and thereafter develop the property into waterfront condominium units. It petitioned … Continue reading

Posted in Eminent Domain, Inverse Condemnation, Zoning | Leave a comment

Emil Realty, Co. v State of New York

A recent decision by the Court of Claims (Hon. Thomas H. Scuccimarra) approved  the Claimant Emil Realty’s request for an additional three months to file its appraisal report valuing the subject property (530 Gardner Avenue, and a permanent easement over 518 Gardner Avenue). The parties had previously stipulated to other extensions, however the State refused to consent to a further extension beyond the February 15, 2015 deadline as it had already filed its appraisal, and argued it would be prejudiced by the imposition of additional statutory interest at 9% from the title vesting date. The Court granted Claimant’s request for … Continue reading

Posted in Appraisers, Lawyers, Litigation, New York, Recent cases | Leave a comment

Appellate Division Decides Mazur Brothers v State: Verified Petition Issue

The Appellate Division Second Department issued a decision on July 15, 2015 where it reversed the order of the Court of Claims (Ruderman, J.,) dated November 13, 2013, which dismissed Mazur Brother’s Petition for lack of subject matter jurisdiction. The Appellate Division reinstated the Petition as it concluded that service of the Petition without a verification did not constitute an incurable “jurisdictional” defect. The background of the matter is as follows: Claimant Mazur Brothers Realty, Inc. filed a Verified Petition seeking to recover money owed from New York State’s appropriation and extended use of certain temporary easements over its property. … Continue reading

Posted in Eminent Domain, New York, Recent cases | Leave a comment