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Archive | 2015

November 12, 2015

Supreme Court of Florida Provides Reminder that Condemnor Must Pay Attorneys’ Fees as Just Compensation for its Excessive Litigation

We often discuss that attorneys’ fees are a necessary component of constitutional just compensation, especially when the condemnor excessively litigates, delays, and attempts to prevent the property owner from obtaining just compensation.  See New York Eminent Domain Procedure Law (“EDPL”) § 701; see also General Crushed Stone Co. v. State of New York, 93 N.Y.2d 23 (1999); Hakes v. State of New York, 81 N.Y.2d 392 (1993). On November 5, 2015, Florida’s highest court reiterated this fundamental necessity and held that “when a condemning authority engages in tactics that cause… read more

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Posted in Additional Allowances, Eminent Domain Abuse
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November 9, 2015

New York Law Journal: New York’s Exclusive Procedure on “Taking” Needs Amendment

Michael Rikon authored a column in the October 30, 2015, edition of the New York Law Journal titled, “New York’s Exclusive Procedure on ‘Taking’ Needs Amendment.” In his article, Mr. Rikon discusses that, although New York’s Eminent Domain Procedure Law (“EDPL”), which was adopted in 1977, provides far superior protection in comparison to the procedures in other states, the EDPL is still overdue for study and amendment. Mr. Rikon notes that the EDPL is almost forty years old.  It is long in the tooth and in need of revision.  There… read more

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Posted in Condemnation Procedures, Eminent Domain, Future of the law
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October 29, 2015

EDPL SECTION 701: WHAT IS THE BASE FOR COMPARISON?

New York’s statute allowing reimbursement for legal and appraisal fees in eminent domain proceedings is Section 701 of the Eminent Domain Procedure Law.  The statute provides as follows: In instances where the order or award is substantially in excess of the amount of the condemnor’s proof and where deemed necessary by the court for the condemnee to achieve just and adequate compensation, the court, upon application notice, and opportunity for hearing, may in its discretion, award to the condemnee an additional amount, separately computed and stated, for actual and necessary… read more

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Posted in Additional Allowances, Eminent Domain Abuse
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October 22, 2015

Appraisal Standards Board Modifications To USPAP 2016-2017

There have been several important modifications to USPAP.  The Record Keeping Rule was modified.  We have written about the obligation of an appraiser to maintain copies of all reports transmitted to a client.  (Drafts are required to be retained under Appraisal Standards, September 18, 2015). The Record Keeping Rule requires a workfile for each appraisal.  The workfile must include: true copies of any all written reports, documented on any type of media. (A true copy is a replica of the report transmitted to the client.  A photocopy or an electronic… read more

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Posted in Appraisers, Cross Examination, Published Articles, USPAP, Work file
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September 30, 2015

There is no Inflexible Formula to set Just Compensation

Eminent domain is not your typical litigation.  The former owner did not ask for its property to be taken for a public purpose. This is the reason that several decisions have pointed out that what may be normal in litigation between private parties does not apply in a condemnation proceeding which involves a claim protected by our constitutions.  As Justice Thomas A. Dickerson stated, in Matter of Irvington v Sokolik, 13 Misc3d 1220 [Sup. Ct. West 2006], “a condemnation proceeding is not a private litigation.  There is a constitutional mandate… read more

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Posted in Appraisers, Eminent Domain, Valuation
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