Archive | Inverse Condemnation

Grand Central Terminal Air Rights Takings Litigation Settled

The Grand Central Terminal air rights takings litigation was settled yesterday.  We reviewed this litigation in our blog on June 8, 2016, available here: http://eminent-domain-blog.com/update-grand-central-terminal-air-rights-takings-litigation/ This settlement will allow for the construction of a 1,401-foot-tall building across 42nd Street on Vanderbilt Avenue in Manhattan. Interestingly, the settlement, according to a New York Times article, dated August 10, 2016, is likely because of a change in the ownership of the plaintiff corporation.  The new owners are MSD Capital, a firm controlled by Michael Dell, the founder of Dell Computers, and brothers… read more

Posted in Inverse Condemnation, Litigation, Zoning
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Update on the Grand Central Terminal Air Rights Takings Litigation

On September 28, 2015, Plaintiffs Midtown TDR Ventures LLC and Midtown GCT Ventures LLC, the owners of Grand Central Terminal, brought an action in the United States District Court for the Southern District of New York against the City of New York, the City Council, and private real estate developer SL Green Realty Corporation, and argued that the May 27, 2015, Vanderbilt Corridor rezoning effected a taking of Plaintiffs’ transferable development rights, or air rights, in violation of the Fifth Amendment of the United States Constitution. Unused air rights have… read more

Posted in Inverse Condemnation, New York, Regulatory Taking, Zoning
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New York Law Journal: Inverse Condemnation or De Facto Taking – What’s in the Name?

Michael Rikon authored a column in the February 23, 2016, edition of the New York Law Journal titled, “Inverse Condemnation or De Facto Taking: What’s in the Name?  In his article, Mr. Rikon discusses the difference between inverse condemnations and de facto takings, and that courts err in interchangeably using these terms. Mr. Rikon reviews the four different categories of inverse condemnations, also known as regulatory takings.  Mr. Rikon covers Lingle v. Chevron U.S.A., 544 U.S. 528 (2005), United States v. Causby, 328 U.S. 256 (1946), Lucas v. South Carolina… read more

Posted in Eminent Domain, Inverse Condemnation, Regulatory Taking, Uncategorized, Wetlands
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Blue Island Development, LLC v Town of Hempstead, An Inverse Condemnation

The Appellate Division, Second Department handed down the Blue Island decision on August 12, 2015 (2015 NY Slip Op 06488). The decision can be read by clicking here: Blue Is. Dev., LLC v Town of Hempstead. The decision sets forth an interesting case dealing with a taking claim which arose because of the imposition of a restrictive covenant upon the granting of a zoning change. Blue Island Development acquired a parcel of land which had been used as an oil storage facility. It intended to remediate the environmental contamination and… read more

Posted in Eminent Domain, Inverse Condemnation, Zoning
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