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Archive | Highest and Best Use

November 26, 2014

Appellate Division Affirms $4.3 Million Award in Metro North Brewster Station Taking

Last Wednesday the Appellate Division, Second Department decided Matter of Metropolitan Transportation Authority, Etc. v. Longridge Associates, LP (Index No. 1877/03) and affirmed the lower court’s judgment, with costs. The lower court (LaCava, J.) rendered a decision on December 4, 2012 awarding Claimants $4,375,000. The subject property consisted of 52 acres of vacant land in Putnam County New York. The property was taken by the MTA as part of the Metro North Railroad’s (MNRR) Brewster North Station and Commuter Parking Lot Expansion Project. More specifically, the acquisition was intended for… read more

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Posted in Eminent Domain, Highest and Best Use, New York, Recent cases, Wetlands
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October 24, 2014

Appellate Division Refuses to Pierce Corporate Veil in Long Island City Taking

The Appellate Division, Second Department recently reversed an order of the Supreme Court, Queens County (Rios, J.) entered October 16, 2012 which granted the Condemnor’s motion for summary judgment dismissing the claim of Tennisport, Inc. for the taking of its trade fixtures, and additionally directed that an advance payment made to Tennisport be set off against the award for the compensation for the taking of the fee. In reversing, the Appellate Division held that the fee and fixture claims were made by separate and distinct legitimate corporations, and refused to… read more

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Posted in Eminent Domain, Highest and Best Use, New York, Offer & Compensation, Trade fixtures
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October 15, 2014

Games Condemnors Play: When Appraisers Lose Credibility

  In his book, “Expert Witness in the Legal System: A Scientist’s Search for Justice,” Morris S. Zedek wrote that in 2001, the Committee on Criminal Advocacy of the Association of the Bar of the City of New York surveyed judges about the prevalence of perjury in the New York metropolitan area. In regard to expert witnesses, of the thirty judges who responded, 50 percent said they encountered occasional perjury. This is not surprising to a trial lawyer. In condemnation cases, most reputable appraisers do not commit perjury. They may… read more

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Posted in Appraisers, Eminent Domain, Highest and Best Use, New York, Recent cases, Trial Preparation
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August 21, 2014

Appellate Division Affirms Award of $8.1 Million

On August 20, 2014, the New York Appellate Division, Second Department, affirmed an award of $8,100,000 for just compensation to Split Rock Partnership for the taking of Claimant’s real property. The advance payment was $244,800. The decision can be found here. Claimant owned 64 acres of vacant land in the Village of Hillburn, which is located in Rockland County. In February 2005, Rockland County Sewer District No. 1 acquired the subject property by condemnation for the construction of a new sewer processing facility. The Appellate Division held that the measure… read more

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Posted in Highest and Best Use, New York, Recent cases, Valuation
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May 15, 2014

Recent Decision Values Atlantic Yards Property at 9 Million

Recent Decision Values Atlantic Yards Property at 9 Million Goldstein, Rikon, Rikon & Houghton recently received a decision awarding one of its clients $9,186,000, plus interest, for damages resulting from a fee taking which occurred on March 1, 2010 in connection with the Atlantic Yards development project. The property consisted of a 20,738 square foot lot, with frontage on Atlantic Avenue and a rear lot adjoining the Long Island Railroad tracks. The property was zoned M1-1 and was vacant at the time of title vesting. The case was tried by… read more

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Posted in Eminent Domain, Highest and Best Use, New York, Recent cases
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