Archive | Wetlands

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

Posted in Additional Allowances, Recent cases, Regulatory Taking, Wetlands
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Matter of City of New York (Staten Island Land Corp.)

The Supreme Court, Richmond County (Hon. Wayne P. Saitta) recently issued a decision valuing wetlands located in Stated Island that were acquired as part of the New Creek Bluebelt Phase 3 project. The case is Matter of City of New York (New Creek Phase 3), Sup. Ct., Richmond Cty, Hon. Wayne P. Saitta, Index No., 4013/06. The property at issue was acquired by the City on November 3, 2006. The total area taken was 45,208 square feet, which included a non-contiguous lot (lot 14) of approximately 5,203 feet.The property was… read more

Posted in Eminent Domain, New York, Offer & Compensation, Valuation, Wetlands
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Court Awards $10,100,000 on Eminent Domain Claim of Property in Staten Island

The Honorable Wayne P. Saitta, Justice of the New York Supreme Court, Kings County, recently issued a decision dated June 10, 2015, awarding Yeshivas Ch’San Sofer, Inc., a Claimant in an eminent domain proceeding, $10,100,000.00 as just compensation for its property.  The decision was issued after a three day, non- jury trial was held on October 20-23, 2014 in Kings County Supreme Court. Prior to trial the City had paid an advance payment of only $611,000.00, later increasing its valuation with a supplemental payment totaling $919,000.00 The property at issue… read more

Posted in Advance Payments, Appraisers, Highest and Best Use, New York, Offer & Compensation, Recent cases, Wetlands
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Lost Tree Village Corporation v United States

For those readers not familiar with the concept, the implementation of a wetlands regulation can constitute a regulatory taking and require that just compensation be paid pursuant to the Fifth Amendment. Wetlands cases can be complex, but generally fall into a few categories for analysis. . The first type is analyzed under Penn Central Transportation Co v New York City, 438 US 104 (1978). The Penn Central case utilized a three factor test to determine whether a regulation goes “too far” (meaning it would be considered a taking under the… read more

Posted in Recent cases, Valuation, Wetlands
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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

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