Archive | Eminent Domain

The Right to a Jury

Professor Gideon Kanner, once again, focused the law profession’s attention to the right to a jury in an eminent domain trial.  In an article published on August 19, 2016, in the Daily Journal, a California legal publication, Professor Kanner wrote, “Our eminent right to a jury….”  In his article, Kanner, one of America’s leading eminent domain scholars, states that the notion that there should be trial by the court and not a jury because “no such jury right existed in England and the colonies in 1791” is a myth.  The… read more

Posted in Cases of First Impression, Eminent Domain, Future of the law
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Regulatory Taking and Inverse Condemnation: Taxi Medallions and Wetland Building Permits

In two separate decisions on August 15, 2016, the United States District Court for the Eastern District of New York rejected regulatory taking and inverse condemnation claims. The first decision is about the New York City Taxi and Limousine Commission’s (“TLC”) commitment to “adopt regulations requiring that half of the city’s more than 13,000 yellow cabs be accessible to people with disabilities within six years.”  Singh v. Joshi, 152 F. Supp. 3d 112 (E.D.N.Y. 2016). The plaintiffs are three individual TLC medallion holders who argued that, among other things, the… read more

Posted in Eminent Domain, Inverse Condemnation, Recent cases, Regulatory Taking, Wetlands
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Eminent Domain Railway Corridor Valuation: New York Appellate Court Holds State Liable for $67,000,000 in Just Compensation

In a ground-breaking New York eminent domain case where the State of New York took almost seven acres of CSX Transportation, Inc.’s railroad and railway property in order to widen the Brooklyn-Queens Expressway in the Woodside and Jackson Heights areas of Queens, New York City, and then vigorously argued that CSX suffered no damage and should not even be awarded anything as just compensation, the New York State Appellate Division, Second Department, on July 27, 2016, in its second time ruling on this case, held that the State was completely… read more

Posted in Eminent Domain, Recent cases
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Valuation of Property in an Eminent Domain Case

I argued a case on June 20, 2016 in the Appellate Division, Second Department which involved an appeal by the Condemnor, New York State Urban Development Corporation.  The case arose in the Atlantic Yards – Barclays Center project, Brooklyn.  The case, decided by Justice Wayne Saitta, is reported at 43 Misc3d 1226(A), 2014 N.Y. Misc. LEXIS 2275 (Sup. Ct., Kings Co., 2014). The decision awarded claimant $9,186,000 as against an appraisal for $2,075,000 by Condemnor. The trial court found that there was a “very strong probability” of a zoning change… read more

Posted in Eminent Domain, Highest and Best Use, Recent cases
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Extensions of Time to File Expert Reports in Eminent Domain Proceedings: Recent New York Court of Claims Decision

Often in eminent domain cases, one or both of the parties will require an extension of time during which to complete its expert reports, which include appraisals, engineering reports, and zoning reports.  And often, the parties will be able to amicably stipulate to the extension.  But, sometimes the parties will not be able to stipulate for a number of reasons, including that one party makes multiple extension requests or that one party requests an unreasonably long extension of time under the circumstances. The Uniform Court Rules that govern extensions in… read more

Posted in Eminent Domain, Recent cases
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