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July 13, 2016

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

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Posted in Challenging condemnation, Condemnation Procedures, Harlem Urban Renewal Project, Recent cases, Statute of Limitations
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June 21, 2016

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

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Posted in Eminent Domain, Highest and Best Use, Recent cases
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June 14, 2016

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

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Posted in Eminent Domain, Recent cases
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April 14, 2016

Rhode Island Supreme Court Rules Eminent Domain Abandonment Right of First Refusal Does Not Pass With The Estate To Heirs

Under New York State Eminent Domain Procedure Law (“EDPL”) § 406, if the condemnor takes property by eminent domain and then abandons the project for which the property was acquired, and the property has not been materially improved, the condemnor may not dispose of the property for private use within ten years of acquisition “without first offering the former fee owner of record at the time of acquisition a right of first refusal to purchase the property at the amount of the fair market value of such property at the… read more

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Posted in Cases of First Impression, Eminent Domain, Future of the law, Recent cases
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December 10, 2015

Court Grants This Firm 100% of Requested Attorney Fees and Awards $241,740.67

On November 24, 2015, Justice Wayne P. Saitta of the Supreme Court of New York, Richmond County, awarded this firm 100% of its requested attorney fees, pursuant to the New York Eminent Domain Procedure Law (“EDPL”) § 701, in the total amount of $241,740.67.  Matter of City of New York [New Creek Bluebelt, Phase 4 (Paolella)], 2015 NY Slip Op. 51735(U), 2015 N.Y. Misc. LEXIS 4338 (Sup. Ct. Richmond County 2015). In this eminent domain proceeding, the City of New York (“City”) took our client’s property and made an advance… read more

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Posted in Additional Allowances, Recent cases, Regulatory Taking, Wetlands
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