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.

33rd Annual Advanced ALI CLE Course on Eminent Domain and Land Valuation Litigation 2016

Joshua Rikon will be presenting a course called, Motions Practice: Define, Narrow, Win, at the ALI CLE on eminent domain this Thursday, January 28, 2016. Mr. Rikon will be discussing multiple topics including, dismissal of untimely claims and appraisal reports, motions to preclude appraisal evidence on factual grounds, and motions to preclude appraisal evidence on legal grounds.  Mr. Rikon will conclude with other ways to limit issues at trial, including stipulating to issues and requesting bifurcated trials. Mr. Rikon will be joined by Joshua E. Baker, Esq. of Waldo & Lyle, P.C., Norfolk, Virginia, and Mark M. Murakami, Esq. of … Continue reading

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Staten Island Real Estate Developer Talk

On January 13, 2016, Michael Rikon gave a roundtable luncheon speech to some of Staten Island’s most prominent real estate developers about New York City’s (“City”) storm water program for Staten Island and how the City chose to condemn wetlands instead of constructing storm sewer lines. The storm water program, the “Bluebelt,” encompasses 16 watersheds and approximately 12,000 acres.  Once the City chose a wetland parcel to condemn, the New York State Department of Environmental Conservation would not issue a wetland permit for that parcel. Mr. Rikon discussed the City’s early mistakes and violations of the Eminent Domain Procedure Law. … Continue reading

Posted in Eminent Domain, Eminent Domain Abuse, New York, Regulatory Taking, Speaking Appearances, Wetlands | Leave a comment

2015 – Another Successful Year for Goldstein, Rikon, Rikon & Houghton, P.C.

As Justice Thomas A. Dickerson stated, in Matter of Irvington v Sokolik, 13 Misc3d 1220 [Sup. Ct. West 2006], “a condemnation proceeding is not a private litigation.  There is a constitutional mandate upon the court to give just and fair compensation for property taken.  This means just to the claimant and just to the people who are required to pay for it.”  Yaphank Development Co., Inc. v County of Suffolk, 203 AD2d 280, 609 NYS2d 346 [2d Dept 1994]. Notwithstanding the requirement of just compensation, Condemnors have consistently made low offers of advance payment. GRRH has secured substantial awards throughout … Continue reading

Posted in Advance Payments, Eminent Domain, Trade fixtures | Leave a comment

Rails-to-Trails Takings Claims

The nation’s interstate railway system is shrinking as railroads abandon track every year. The National Trails System Act Amendment of 1983 (the “Rails-to-Trails Act”) provides that trails should be established near urban areas and within scenic areas of the Nation for outdoor recreation “to promote the preservation of, public access to, travel within, and enjoyment and appreciation of the open-air, outdoor areas and historic resources of the Nation[.]”  16 USC § 1241, et seq. The purpose of the Rails-to-Trails Act is to preserve unused railroad rights-of-way by converting them into recreational trails. The United States Department of Transportation, Surface Transportation … Continue reading

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Court Grants This Firm 100% of Requested Attorney Fees and Awards $241,740.67

On November 24, 2015, Justice Wayne P. Saitta of the Supreme Court of New York, Richmond County, awarded this firm 100% of its requested attorney fees, pursuant to the New York Eminent Domain Procedure Law (“EDPL”) § 701, in the total amount of $241,740.67.  Matter of City of New York [New Creek Bluebelt, Phase 4 (Paolella)], 2015 NY Slip Op. 51735(U), 2015 N.Y. Misc. LEXIS 4338 (Sup. Ct. Richmond County 2015). In this eminent domain proceeding, the City of New York (“City”) took our client’s property and made an advance payment of $165,400 and a supplemental advance payment of $19,600.  … Continue reading

Posted in Additional Allowances, Recent cases, Regulatory Taking, Wetlands | Leave a comment