Archive | 2017

STORM WATER RELEASES DURING HARVEY WERE ALLEGEDLY UNLAWFUL TAKINGS

Reuters announced that owners of homes flooded during Hurricane Harvey are claiming billions in damages because of Federal and State water releases from storm-swollen reservoirs.  Several lawsuits have been filed in Federal and State Court in Texas and claim properties were taken for public use without compensation.  The U.S. Army Corps of Engineers and a Texas State agency have been named as the defendants responsible for the water releases.  Damages are estimated to be as high as $3 billion.  There may be more than 1,000 homes valued at between $750,000… read more

Posted in Harvey Storm Water Releases, Inverse Condemnation, Temporary Flooding
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BRIGHAM-KANNER PROPERTY RIGHTS CONFERENCE

           This year’s Brigham-Kanner Property Rights Conference will be held from October 12, 2017 to October 13, 2017. The annual Brigham-Kanner Property Rights Conference is presented by the William and Mary Property Rights Project and is named in recognition of Toby Prince Brigham and Gideon Kanner for their lifetime contributions to private property rights.  The conference is designed to bring together members of the bench, bar and academia to explore recent developments in the laws that affect property rights.  The Brigham-Kanner Property Rights Conference began in… read more

Posted in Eminent Domain Conference, Land Use, Property Rights Conference
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WHEN A JUDGE DOESN’T GET IT

New York is one of three states in the union that does not provide for jury trials in condemnation matters.  Not only that, but there is a designated justice who is assigned to hear condemnation cases in every county.  Many of our out of state colleagues who practice eminent domain law find that having the same judge is almost as incredible as not having a jury. Most of the time, the judges assigned to the condemnation part are interested in the subject and become experts in the law.  Some courts… read more

Posted in Appraisal, Appraisal Rule, Date of Valuation, Summary Judgment
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The Supreme Court rejects a property owner’s regulatory taking claim

The Supreme Court of the United Sates rejected a property owner’s regulatory taking claim in Murr v Wisconsin, 582 U.S. ____ [2017]. The claim alleged that a Wisconsin law deprived the owner of all or practically all of the use of one of two adjacent lots because the lot could not be sold or developed separately under the Wisconsin law. The Court applied a multi-part test to identify the relevant parcel for the regulatory taking inquiry. It concluded that the two lots should be evaluated as a single parcel, and… read more

Posted in Inverse Condemnation, Recent cases
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BROOKLYN CENTER TRIAL DECISION

Goldstein, Rikon, Rikon & Houghton, P.C. obtained three favorable decisions from the Honorable Wayne P. Saitta after a trial handled by Jon Houghton and Ashley Levi. The three properties were located in the Willoughby Square area of downtown Brooklyn.  The plan was to upzone the land to encourage the development of office buildings in downtown Brooklyn.  As the Court noted, the majority of the development that took place since the 2004 rezonings was hotel and residential development rather than office buildings.  Although the zoning change took place some five years… read more

Posted in Brooklyn Development Properties, F.A.R., Fair Market Value
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