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Archive | May, 2015

May 20, 2015

Blau Rock LLC v State of New York

The Hon. Thomas H. Scuccimarra authored an excellent decision recently in the New York Court of Claims: Blau Rock LLC v State of New York. At issue was the amount of interest due on the deposit of an advance payment owed to Claimant Blau Rock LLC (“Blau Rock” or “owner”) for the acquisition of a portion of its property in connection with the construction of the Palisades Trailway. The specific background of the case is as follows. Under Eminent Domain Procedure Law 304(A), when a Condemnor acquires property, it must make… read more

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Posted in Advance Payment Agreement, Advance Payments, Eminent Domain, Litigation, New York, Recent cases
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May 13, 2015

The Second Higher Appraisal: Stop the Games and Produce it

A recent, unanimous decision of the Virginia Supreme Court held that a prior appraisal used for the payment of an advance payment should have been admitted in evidence as an admission. Ramsey v Commissioner of Highways, __ Va. ___ (Record number 140929). The  full decision of the Court can be read here. The facts were fairly simple. The Ramseys owned a parcel of land in the City of Virginia Beach. The Highway Department took a portion of the land for Route 264. Prior to the taking, the Condemnor valued the… read more

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Posted in Advance Payments, Eminent Domain, Eminent Domain Abuse, Offer & Compensation, Recent cases, Sandbagging
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May 11, 2015

New York’s Tax Cap Statute and Recent Tax Certiorari, Eminent Domain and Exemption Cases

The Hon. Thomas A. Dickerson and John Mechman, Esq. have authored an excellent article published in the Westchester Bar Journal titled “New York’s Tax Cap Statute and Recent Tax Certiorari, Eminent Domain, and Exemption Cases. The article provides a synopsis of interesting and relevant cases decided in the 2014 calendar year by New York Supreme Courts and is available by clicking here. The first topic addressed in the article is New York’s tax cap statute, which was signed into law by Governor Cuomo on June 30, 2011. The statute provides… read more

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Posted in New York, Recent cases, Tax Certiorari, Valuation
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May 4, 2015

“Rearranging the Deck Chairs When the Ship is Going Down: Protecting Your Condemnation Record for Appeal”

Michael Rikon recently co-authored an article published in the Practical Real Estate Lawyer with James D. Masterman. The article is titled “Rearranging the Deck Chairs When the Ship is Going Down: Protecting Your Condemnation Record for Appeal” and is available online by clicking here. The article offers practical insight, tips, and guidelines for how best to preserve the record for a possible appeal. Although many practitioners may feel confident during a trial that things are going their way, the authors point out that in almost every case there may be… read more

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Posted in Litigation, Published Articles
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