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.

How Much Time Does the Government Have to Take Your Property?

After the government determines to use eminent domain, how much time does the government have to take your property? First, the New York Eminent Domain Procedure Law (“EDPL”) § 207 provides for petitioning the appellate court to review a condemnor’s determination and findings of its proposed public project and proposed exercise of eminent domain.  This opportunity for judicial review may be reviewed by the Court of Appeals. After that process, EDPL § 401 provides for the time during which a condemnor may commence a proceeding to acquire the property necessary for the proposed public project.  The condemnor has up to … Continue reading

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

New York Law Journal: The Province of the Trial Court in a Condemnation Case

Michael Rikon authored a column in the June 28, 2016, edition of the New York Law Journal titled, “The Province of the Trial Court in a Condemnation Case.”  In his article, Mr. Rikon begins by noting that New York is one of only three states that does not allow trial by jury in eminent domain proceedings.  This highlights the importance of the New York trial court and its broad discretion as the trier of both fact and law. Mr. Rikon discusses a number of areas that are within the sound discretion of the trial court. First, Mr. Rikon considers that expert … Continue reading

Posted in Published Articles | Leave a comment

Valuation of Property in an Eminent Domain Case

I argued a case on June 20, 2016 in the Appellate Division, Second Department which involved an appeal by the Condemnor, New York State Urban Development Corporation.  The case arose in the Atlantic Yards – Barclays Center project, Brooklyn.  The case, decided by Justice Wayne Saitta, is reported at 43 Misc3d 1226(A), 2014 N.Y. Misc. LEXIS 2275 (Sup. Ct., Kings Co., 2014). The decision awarded claimant $9,186,000 as against an appraisal for $2,075,000 by Condemnor. The trial court found that there was a “very strong probability” of a zoning change from M1-1 to C6-2A.  The zoning change enabled Claimant’s appraiser, … Continue reading

Posted in Eminent Domain, Highest and Best Use, Recent cases | Leave a comment

Extensions of Time to File Expert Reports in Eminent Domain Proceedings: Recent New York Court of Claims Decision

Often in eminent domain cases, one or both of the parties will require an extension of time during which to complete its expert reports, which include appraisals, engineering reports, and zoning reports.  And often, the parties will be able to amicably stipulate to the extension.  But, sometimes the parties will not be able to stipulate for a number of reasons, including that one party makes multiple extension requests or that one party requests an unreasonably long extension of time under the circumstances. The Uniform Court Rules that govern extensions in eminent domain cases are 22 NYCRR § 202.61 for New … Continue reading

Posted in Eminent Domain, Recent cases | Leave a comment

Update on the Grand Central Terminal Air Rights Takings Litigation

On September 28, 2015, Plaintiffs Midtown TDR Ventures LLC and Midtown GCT Ventures LLC, the owners of Grand Central Terminal, brought an action in the United States District Court for the Southern District of New York against the City of New York, the City Council, and private real estate developer SL Green Realty Corporation, and argued that the May 27, 2015, Vanderbilt Corridor rezoning effected a taking of Plaintiffs’ transferable development rights, or air rights, in violation of the Fifth Amendment of the United States Constitution. Unused air rights have substantial value through New York City Zoning Resolution § 74-79, … Continue reading

Posted in Inverse Condemnation, New York, Regulatory Taking, Zoning | Leave a comment