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.

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

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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

The Highline and the Romanoff Case

The Highline has been a very successful park.  It was opened to the public in 2009.  It begins at Gansevoort Street in the Meat Packing District and continues to West 34th Street between 10th and 12th Avenues in Manhattan.  It is, to say the least, wildly popular and crowded with tourists taking advantage of the dramatic views. Last week, Owners’ Counsel of America filed an Amici brief in Romanoff Equities, Inc. v United States, No. 15-5034 (Fed. Cir. March 10, 2016), a rails to trial taking case pending in the Federal Circuit. As the press release drafted by Cathy Newman, … Continue reading

Posted in Eminent Domain, Litigation, New York, Public Parkland, Rails-to-Trails | Leave a comment

New York Law Journal: Reasonable Probability of Rezoning as Component of Highest and Best Use

Michael Rikon authored a column in the April 26, 2016, edition of the New York Law Journal titled, “Reasonable Probability of Rezoning as Component of Highest and Best Use.” In his article, Mr. Rikon begins by explaining what the valuation concept of highest and best use is according to case law, the Appraisal Institute, and The Uniform Standards of Professional Appraisal Practice.  “Certainly, many owners do not manage their property in a way that provides the most productive highest and best use.”  But, once the property is condemned, it is valued at “the highest price obtainable in the market and … Continue reading

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