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.

Update: New York Court of Appeals to Hear NYU Expansion Case

We are posting with an important update on our previous blog regarding NYU’s planned expansion into implied parkland in NYC: The New York Court of Appeals has agreed to hear the case. By way of refresher, the case involves NYU’s planned $6 billion, 2-million square foot expansion that will impact three parks- Mercer playground, LaGuardia Park and LaGuardia Corner Gardens. These parks have been used by the public, and according to the Petitioners, should be protected from development as “implied” parkland with the City funding, labeling, and maintaining them as such. Conversely, the City and  NYU argue that the parks are … Continue reading

Posted in New York, parklands, Recent cases | Leave a comment

Case Alert: Negligence Action Regarding Misclassification of Appraised Property is Time-Barred

The Appellate Division, Fourth Department recently decided a case we thought might be interesting to appraisers: Nothnagle Home Securities Corp. v Bruckner, Tillet, Rosse, Cahill & Associates and Patrick W. Cahill, NY Slip Op 01342 (February 13, 2015). The case involved a negligence and breach of contract action brought by homeowners against the appraisal company, alleging that the defendants had negligently appraised a parcel of real property: they had misclassified of the structure on the property as a modular home rather than a manufactured home. As a result of the misclassification, plaintiffs were required to indemnify the United States Department … Continue reading

Posted in Appraisers, New York | Leave a comment

Could New York City’s Requirement to Build Affordable Housing Effect a Taking?

New York City Mayor Bill de Blasio has pledged to create or preserve 200,000 affordable units of housing in the next decade.  Among the several proposals being considered, one idea is to amend or remove a controversial real estate tax abatement available under section 421-a of the Rent Act of 2011.  The abatement gives developers a property tax break, in decreasing amounts, over a 25 year period.  The statutory authority for abatement expires this Spring.  In certain neighborhoods in the City, developers must set aside a percentage of units which are affordable.  But in other parts of the City, there … Continue reading

Posted in Economy, Eminent Domain, New York, Published Articles, Real Estate, tax abatement, Zoning | Leave a comment

The 2015 Real Estate Economic Forecast

Dr. Mark Zandi, presenting the 2015 Economic Forecast held by the Metropolitan New York Chapter of the Appraisal Institute I attended the 2015 Economic Forecast held by the Metropolitan New York chapter of the Appraisal Institute as the guest of William Picoli, MAI. The guest speaker was Mark Zandi, PhD, the Chief Economist of Moody’s Analytics. Dr. Zandi is one of America’s leading economists. He was optimistic about the 2015 economy. He predicted that 2015 would be a good year, and so would 2016. He predicted that the economy would add another 3,000,000 jobs, which is pretty much the same … Continue reading

Posted in Appraisers, Economy, New York, Real Estate | Leave a comment

The Valuation of Real Property in a Condemnation Case

Art Linkletter had a very popular television show called “Kids Say the Darndest Things.” We would like to appropriate the title and modify it to say “Condemnors Say the Darndest Things.” We admit, although we have been at this for a number of years, sometimes we are still surprised at the arguments made by Condemnor’s counsel in an effort to keep just compensation awards low. Recently, Counsel for a Condemnor argued that the Court could not consider the reasonable probability of rezoning for the subject property because it disregards the lease that was in effect which restricts the owner from … Continue reading

Posted in Highest and Best Use, New York, Valuation | Leave a comment