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.

NYU Case Update: Court of Appeals Rejects Public Trust Doctrine

We are writing to provide an update on the NYU Expansion case. We previously covered the litigation on this matter in a blog post from February 2015, which can be read here. By way of background, New York University (NYU) received approval from the New York City Council to expand its campus. The project involved de-mapping certain areas currently designated as streets on City maps and using them, either permanently or for some part of 20 years, in connection with construction of new buildings. The four disputed parcels (Mercer Playground, LaGuardia Park, LaGuardia Corner Gardens and the mercer- Houston Dog Run) featured … Continue reading

Posted in New York, NYU Expansion, Public Parkland | Leave a comment

Horne v Dept of Agriculture: A Possible Aid to Obtaining Compensation for Trade Fixtures

On Monday June 22, 2015, the United States Supreme Court handed down the long-awaited decision in Horne, et al. v Department of Agriculture. The Court held that the Agriculture Marketing Agreement Act (“AMA”)’s requirement that raisin growers set aside a certain percentage of their crop for the government, free of charge, constituted an unconstitutional taking under the takings clause of the 5th Amendment to the U.S. Constitution. This case presented a unique set of facts. Under the AMA, the Secretary of Agriculture is authorized to promulgate “marketing orders” that help maintain stable markets for certain agricultural products, including raisins. Under … Continue reading

Posted in Eminent Domain, Future of the law, Personal Property, Recent cases, Trade fixtures, US Supreme Court cases | Leave a comment

Matter of City of New York (Staten Island Land Corp.)

The Supreme Court, Richmond County (Hon. Wayne P. Saitta) recently issued a decision valuing wetlands located in Stated Island that were acquired as part of the New Creek Bluebelt Phase 3 project. The case is Matter of City of New York (New Creek Phase 3), Sup. Ct., Richmond Cty, Hon. Wayne P. Saitta, Index No., 4013/06. The property at issue was acquired by the City on November 3, 2006. The total area taken was 45,208 square feet, which included a non-contiguous lot (lot 14) of approximately 5,203 feet.The property was located roughly between Hylan Boulevard,and Joyce Street, and between Stobe … Continue reading

Posted in Eminent Domain, New York, Offer & Compensation, Valuation, Wetlands | Leave a comment

Appraisal Institute Event at World Trade Center 1

Goldstein, Rikon, Rikon & Houghton recently had the pleasure of attending the Appraisal Institute meeting of the New York Chapter, held on the 63rd floor of World Trade Center 1. Joined by esteemed New York area appraisers, we took in in breath-taking views and listened to a presentation given by the Durst Organization. The presentation covered the details of the vision, daily operation, and management of WTC 1. We have included a few pictures for your viewing pleasure:    

Posted in Appraisers, New York | Leave a comment

Court Awards $10,100,000 on Eminent Domain Claim of Property in Staten Island

The Honorable Wayne P. Saitta, Justice of the New York Supreme Court, Kings County, recently issued a decision dated June 10, 2015, awarding Yeshivas Ch’San Sofer, Inc., a Claimant in an eminent domain proceeding, $10,100,000.00 as just compensation for its property.  The decision was issued after a three day, non- jury trial was held on October 20-23, 2014 in Kings County Supreme Court. Prior to trial the City had paid an advance payment of only $611,000.00, later increasing its valuation with a supplemental payment totaling $919,000.00 The property at issue consisted of approximately 7 acres of land in the Oakwood … Continue reading

Posted in Advance Payments, Appraisers, Highest and Best Use, New York, Offer & Compensation, Recent cases, Wetlands | Leave a comment