Archive | Just Compensation

WE DON’T WANT TO PAY NO STINKING INTEREST – THE STATE OF NEW YORK’S CONTINUED BAD FAITH IN COMPLIANCE WITH THE LAW

Jonathan Houghton recently won two appeals in the Second Department. Matter of Sagres 9, LLC v State of New York, 2018 NY Slip Op. 05932 and 05933 (2d Dept. August 29, 2018). The appeals concerned the failure of the State to pay statutory interest at 9%.  In the two different appropriations, the State deposited advance payments with no notice or explanation to Claimant.  There was absolutely no reason for the deposits.  In fact, the improper deposit with the Comptroller into its eminent domain accounts, pursuant to State Finance Law Sec…. read more

Posted in Advance Payments, interest, Just Compensation, State Finance Law Sec. 97-dd
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TIME TO PROVIDE FOR A JURY TRIAL FOR CONDEMNATION CLAIMS

New York’s Eminent Domain Procedure Law (EDPL) provides that the Supreme Court shall have exclusive jurisdiction to determine all claims from the acquisition of real property and hear such claims without a jury or without referral to a referee or commissioners.  EDPL § 501(B).  If the property is acquired by the State, the claim will be litigated in the Court of Claims.  EDPL § 501(A).  All claims in the Court of Claims are tried by a Court of Claims Judge without a jury.  In United States v 243.22 Acres of… read more

Posted in Jury Trial, Just Compensation
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SHOULD YOU MOVE FOR SUMMARY JUDGMENT OR IN LIMINE?

Many lawyers believe that their opponents’ appraisal is so weak that a motion for summary judgment will bring them instant victory.  The idea is usually not worth the effort for it is rare that summary judgment is appropriate in an eminent domain case. An appraisal presents a pure factual presentation of data and information utilized by an expert to conclude to an opinion of value.  In New York State, an appraisal is required to be exchanged and filed pursuant to Court Rule.  22 NYCRR § 202.61.  See Miriam Osborn Memorial… read more

Posted in Appraisal, Due Process, In Limine, Just Compensation, Summary Judgment
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TIME FOR THE STATE OF NEW YORK TO STOP ITS OUTRAGEOUS CONDUCT IN EMINENT DOMAIN CASES

The Attorney General of the State of New York promotes himself as the “People’s Lawyer” which is the guardian of the legal rights of the citizens of New York.  I submit that property owners whose property is appropriated by the New York State Department of Transportation are within the ambit of protection. The Attorney General’s office defends the State when an appropriation claim is filed.  But as advocates for NYSDOT, it would appear that the legal rights of claimants mean nothing in the effort to keep compensation awards as low… read more

Posted in Bad Faith, Just Compensation, License Requirements, Prior Appraisals
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