Archive | 2018

MATTER OF ADIRONDACK HISTORICAL ASSOCIATION: A RARE VICTORY UNDER EDPL 207

The Eminent Domain Procedure Law (EDPL) is the comprehensive law that uniformly dictates the procedures that must be followed by the state, municipalities and other entities with the power of eminent domain.  With certain exceptions, not relevant here, public hearings must be held before the condemnation may take place.  Following those hearings, the condemnor must make a determination and findings and publish a “brief synopsis.” The determination and findings must include the “public use, benefit or purpose” of the proposed project, the approximate location and the reasons for selecting the… read more

Posted in EDPL 207, Environmental Challenge
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WHAT A JUDGE SHOULD DO IF THE APPRAISAL IS DEFECTIVE

In a recent case, the appraisal prepared by Claimant specifically set forth a complete narrative of how the damages to the property occurred together with an analysis and calculations. The appraisal further calculated the before and after results following the takings. An appraisal is not the substitute for witnesses’ testimony. Case law emphatically holds than an appraisal is not the substitute for an expert’s direct testimony. The appraisal report is not in itself evidence; its function is to enable adequate and intelligent preparations of the issues for trial and to… read more

Posted in Appraisal, Defective Appraisal, Evidence
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CLARITY FOR NEW YORK TAKINGS LAW

Determining whether or not a government regulation constitutes a “taking” for the purposes of the Fifth Amendment can be a complex endeavor.  The recent Second Department decision of Matter of New Creek Bluebelt, Phase 3 (Baycrest Manor Inc.), ___ A.D.3d ____, 2017 N.Y. App. Div. LEXIS 8042, (November 15, 2017), provides some guidance on three important regulatory takings issues. The underling case was not a regulatory taking per se.  Rather, the City of New York condemned property that was 100% wetlands.  Had the City not taken title, the owner could… read more

Posted in Regulatory Taking, Subsequent Purchases, Wetlands
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