Archive | December, 2015

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… read more

Posted in Eminent Domain, New York, Rails-to-Trails
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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… read more

Posted in Additional Allowances, Recent cases, Regulatory Taking, Wetlands
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