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Archive | July, 2014

July 23, 2014

Third Department Gets The Project Influence Rule Right

The Third Department got it right in Matter of State of New York v KKS Properties, LLC, __ AD3d __, (July 3, 2014). The lower court’s decision in KKS Properties, LLC is one of those decisions that makes you cringe. An award on an appropriation claim in the Court of Claims which is lower than the advance payment resulting in a judgment in favor of the State is an outrageous outcome for a compulsory taking of one’s property. We have often advocated that there must be a minimum of “just compensation.”… read more

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Posted in Eminent Domain, Project Influence Rule, Published Articles, Recent cases
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July 18, 2014

Second Circuit Applies Williamson County to Physical Takings

The Second Circuit applied the Williamson County Regional Planning Comm. v. Hamilton Bank Johnson City, 473 US 172 (1985) rule to a case involving an actual physical taking. The rule had been applied previously to claims involving regulatory takings. The Supreme Court held that a plaintiff must first obtain a final decision and exhaust all state remedies before suing in Federal Court. In Kurtz v Verizon New York, Docket No 13-3900 CV, the Second Circuit ruled by decision dated July 16, 2014, that even in a physical taking, property owners… read more

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July 2, 2014

New York’s Judicial View

New York is one of three states in the Union that does not provide for jury trials in eminent domain cases. All of our trials are by the court. But New York’s Eminent Domain Procedure Law does provide a very important provision: the judicial view. Section 510 of the EDPL states: (A) The trial court shall view the property in all claims, unless waived by stipulation of the parties. The parties to the suit or claim, may attend the viewing by the court at a time scheduled by the court…. read more

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Posted in Eminent Domain, Judicial view, New York
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