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.

  • WHEN A JUDGE GETS IT ABSOLUTELY RIGHT: Matter of Village of Haverstraw (AAA Electricians, Inc.)

    Like many condemnation proceedings by small towns and villages, the Village of Haverstraw taking of some 19 acres owned by our client AAA Electricians, Inc. represented a severe example of eminent domain abuse. The vacant land was taken for the construction of luxury condominiums on the Hudson River.  By Decision and Order dated August 5, 2016, the Honorable Bruce E. Tolbert awarded the claimant $1,190,582 as an additional allowance pursuant to Section 701 of New York’s Eminent Domain Procedure Law. The case was litigated over a thirteen year period of… read more

    Posted in Additional Allowances, Eminent Domain
  • “Property Rights as Defined and Protected by International Courts”

    The following is an excerpt of a paper presented by Michael Rikon, “Property Rights as Defined and Protected by International Courts,” which was presented at 2015 Brigham-Kanner Property Rights Conference, The Hague, Netherlands, on October 21, 2015. The right of an individual to own property may be traced to the French Revolution and the United States Bill of Rights.  As American Lawyers, we assume, not only the right to own property, but the right to compensation if that property is taken by the government.  That process is known as eminent… read more

    Posted in International Courts, Judicial view, Lawyers
  • A Perfect Example of The Highest And Best Use Concept

    On September 21, 2016, New York’s Appellate Division, Second Department, handed down Matter of 730 Equity Corp. v New York State Urban Development Corp., __ AD3d ___, 2016 NY Slip Op 06086 (2d Dep’t 2016). If there was an eminent domain case book, this decision would be included as an example of establishing a highest and best use in a condemnation. The claim involved a one-half acre parcel of vacant land on Atlantic Avenue, Brooklyn, New York.  The land was under a long term triple net lease to a major… read more

    Posted in Highest and Best Use, Recent cases, Zoning
  • How Do You Stop a Pipeline? Answer: Get POTUS to Help.

    An estimated 8,000 people from 150 different Native American tribes in the U.S. and Canada have come together to stop the Dakota Access Oil Pipeline.  They have been joined by many more people concerned by the environmental threat and the abuse of eminent domain. The 1,172 mile long pipeline has an estimated cost of $3.7 billion and will pump nearly a half a million gallons of light crude from the Bakken Shale in North Dakota across South Dakota and Iowa to its terminus in Pakota, Illinois. The Standing Rock Sioux,… read more

    Posted in Eminent Domain, Energy, Energy Use
  • Landowners May Appeal To The Judiciary If Property Is Designated As Wetlands Subject To Federal Jurisdiction

    This blog follows an article Michael Rikon wrote which was published in the New York Law Journal on August 26, 2016. Wetlands are areas saturated by surface or ground water sufficient to support distinctive vegetation adapted for life in saturated soil conditions.  The New York State Department of Environmental Conservation regulates two main types of wetlands, tidal wetlands along Long Island, New York City and up the Hudson River, and freshwater wetlands found on river and lake flood plains across the State. But wetlands may also be regulated by the… read more

    Posted in Uncategorized, US Supreme Court cases, Wetlands