Archive | 2017

THAT PERMANENT EASEMENT IS REALLY A FEE TAKING IN DISGUISE

Often the State of New York will appropriate property for a highway project by utilizing three different types of takings, full fee takings, temporary easements and permanent easements.  Some appropriation maps will indicate all three types of takings.  The fee taking is valued on all damages which result, direct and any severance or consequential damages to the remainder. The temporary easement is valued at a rental value plus imputed expenses such as real estate taxes.  In addition, if the continued existence of the temporary easement causes damage to the remainder,… read more

Posted in Easements, Partial Takings
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“We’re Going to Build a Wall and Mexico is Going to Pay for It” – Not So, You are Going to Pay for It.

The immediate construction of a physical wall between Mexico and America was authorized by Presidential Executive Order on January 25, 2017, but there is no provision for funding from Mexico.  The President is asking congress for $4.1 billion through next year to begin construction of a wall, a project that may cost as much as $25 billion, plus annual repairs. A sea to sea barrier would require control of land along 2,000 miles.  This means that much land would have to be acquired by eminent domain.  As part of the… read more

Posted in Eminent Domain, Gateway Project, Uncategorized, Walls
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THE TEMPORARY EASEMENT – SOMETIMES NOT TEMPORARY DAMAGES

Temporary easements are commonly taken by the State for highway work and by the Metropolitan Transportation Authority for railroad improvement. Often the temporary easement is taken in conjunction with permanent easements.  Sometimes they are labeled otherwise.  But if there is a court order granting the right to enter private property and occupy the property for a period of time, it is a taking under New York Law.  While a condemnor has the right of entry prior to acquisition, this is for the purpose of investigation.  New York’s Eminent Domain Procedure… read more

Posted in Damages, Right of Entry, Temporary Easement
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THE TEXAS BULLET TRAIN

A private developer is attempting to develop a 240 mile bullet train line between Houston and Dallas.  The developer, Texas Central Partners, has entered into a joint venture with Japanese train operator JR Central to bring its bullet train technology to Texas.  While there appears to be support from officials in Houston and Dallas, there is strong opposition from communities and landowners in proximity to the train’s route. In preliminary litigation, the train company sought court orders allowing the company to enter private property to survey land. Under New York… read more

Posted in Bullet Train, Entry on Land
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MUIR V. WISCONSIN “PARCEL AS A WHOLE” DOCTRINE SCHEDULED FOR ORAL ARGUMENT

The United States Supreme Court has scheduled oral argument of the Muir case for March 20, 2017.  The case involved a regulatory taking claim which was premised on the adoption of a zoning ordinance which required a minimum “net project area.”  This resulted in the inability to develop or sell the contiguous parcel.  There were two parcels which although owned by the same owner and contiguous were purchased separately at different times for different purposes.  By itself the other lot would be grandfathered under the zoning law, but not when… read more

Posted in Inverse Condemnation, Regulatory Taking
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