Archive | 2013

MO Supreme Court Upholds Constitutionality of Heritage Value Statute

The Missouri Supreme Court recently issued a decision affirming a $2.1 million payment for the taking of 15 acres of land in St. Louis County, Missouri. The land was owned by the Novel family, originally purchased by the family patriarch in 1904. Arthur and Stella Novel lived and farmed on the land until their deaths in the late 1960’s. The land, now owned by their descendants, had been vacant since 1968 until the time of the taking in February 2010. The property was acquired in order to construct a portion… read more

Posted in Condemnation Procedures, Eminent Domain, Offer & Compensation, Recent cases
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The Power of Eminent Domain: A Case Study Between Two States

In 2005 the Supreme Court held in Kelo v. City of New London that the general benefits of economic growth allowed the taking of private property for a private developer. The Court held that the economic development taking did not violate the public purpose clause of the Fifth Amendment. Since then, many states have adopted amendments to their Constitutions which narrow and specify the “public uses” for which property can be condemned. Virginia is one such state. The Virginia Assembly in 2007 enacted Chapters 882, 901 and 926. The legislation provided that… read more

Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, Future of the law, New York, Recent cases
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NYLJ Article, “The Court’s Duty in a Condemnation Case”

Partners Michael Rikon & Jonathan Houghton recently authored an article in the New York Law Journal titled “The Court’s Duty in a Condemnation Case.” The article discusses a recent decision by the Appellate Division, Second Department, affirming an order of the Kings County Supreme Court Justice Wayne Saitta which granted a motion for leave to exchange amended appraisal reports and vacate the Note of Issue filed by the condemnor. The motion followed the review of both sides’ appraisals prior to trial. The trial court reviewed the appraisals that the parties intended to… read more

Posted in Condemnation Procedures, Eminent Domain, Highest and Best Use, New York, Published Articles, Recent cases, Trial Preparation
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Trial Court Denies Condemnor’s Motion to Dismiss Part of a Trade Fixture Claim

Justice Wayne Saitta, Kings County Supreme Court, just wrote a terrific decision denying a condemnor’s motion to dismiss part of a trade fixture claim. The decision, Pack It Away Storage Systems, Inc. v New York State Urban Development Corporation, d/b/a Empire State Development Corporation, Sup Ct., Kings County, August 9, 2013, Saitta, J. Index No. 1686/12, can be found on the following hyperlink:Pack it Away Storage Systems. The decision contains important black-letter law. One example is “[w]here the land and fixtures are owned by different entities, and the owner of the fixtures has retained… read more

Posted in Eminent Domain, New York, Offer & Compensation, Trade fixtures
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The court has the constitutional mandate to determine just compensation

The Appellate Division, Second Department in Matter of Staten Is. Bluebelt Phase 2 v City of New York, 2013 NY Slip Op 5532, recently affirmed a trial court order (Saitta, J), which granted a motion to exchange amended appraisal reports because the appraisal reports that were filed “appeared to be deficient.” The appellate court cited Yaphank Dev. Co. v County of Suffolk, 203 AD2d 280, 282 and explained that the court has a constitutional mandate to give just and fair compensation for any property taken. It explained that the order… read more

Posted in Eminent Domain, Offer & Compensation, Recent cases
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