Archive | Challenging condemnation

How Much Time Does the Government Have to Take Your Property?

After the government determines to use eminent domain, how much time does the government have to take your property? First, the New York Eminent Domain Procedure Law (“EDPL”) § 207 provides for petitioning the appellate court to review a condemnor’s determination and findings of its proposed public project and proposed exercise of eminent domain.  This opportunity for judicial review may be reviewed by the Court of Appeals. After that process, EDPL § 401 provides for the time during which a condemnor may commence a proceeding to acquire the property necessary… read more

Posted in Challenging condemnation, Condemnation Procedures, Harlem Urban Renewal Project, Recent cases, Statute of Limitations
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What to Do When You’re a Homeowner Threatened with Eminent Domain

The U.S. News Real Estate Section published an article on March 30, 2016, titled, What to Do When You’re a Homeowner Threatened with Eminent Domain. The article lists some guidelines to protect yourself and your property. Number one is to consult an attorney “as soon as you hear your property could potentially be taken for public use, which could come to you in the form of a mailed letter, in-person notice or phone call, depending on the government planning to take the property and its practices. Eminent domain is difficult,… read more

Posted in Advance Payments, Challenging condemnation, Eminent Domain, Lawyers
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Harlem Urban Renewal, the Statute of Limitations, and the Doctrine of Stare Decisis

The Supreme Court, New York County recently issued an interesting  decision by the Hon. Shlomo S. Hagler. The case was in the Matter of City of New York, Fifteenth Amended Harlem-E. Harlem Urban Renewal Plan (East 125th Street), Stage 1. The Decision and Order was issued August 13, 2015 and dealt with several motions by the respondent condemnees, which will be discussed herein. The condemnees collectively included City Lights Properties Three LLC, 2305-07 Third Avenue LLC, 2017 East 125th Street LLC, and 205 East 125th Street LLC. The procedural background of… read more

Posted in Challenging condemnation, Condemnation Procedures, Harlem Urban Renewal Project, New York, Recent cases, Statute of Limitations
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Eminent Domain to Lower Mortgages: A Silly Idea That Won’t Go Away

Last year we read about the plan of the City of Richmond California to condemn underwater mortgages to squeeze them from financial institutions and refinance them for the homeowner. Financial institutions sued and the plan was aborted. But now we read that the City of San Francisco has an idea to partner with nearby Richmond on the same program. Supervisor John Alvos was quoted in the San Francisco Examiner as saying, “The issue of distressed mortgages is real in San Francisco, data showed that there are hundreds of homes at… read more

Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain Abuse, Mortgage seizures
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California Court of Appeals Holds Entry Statute Unconstitutional

In a recent case, Property Reserve, Inc. v Superior Court, 224 Cal.App.4th 828 (2014), the Third District California Court of Appeal ruled that entry statutes are unconstitutional when the activities for which the entry is sought constitute an intentional taking of property without the full protections afforded by a condemnation action. More specifically, the Court ruled that the pre-entry condemnation statutes, (found in Code of Civil Procedure sections 1245.010 et seq.) violate the takings provisions of article I, section 19 of the California Constitution. These entry statutes were enacted in 1976 and… read more

Posted in Challenging condemnation, Eminent Domain, Eminent Domain Abuse, Future of the law, Recent cases
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