Archive | Wetlands

Appellate Division Affirms 75% Increment Applicable to Wetlands Taking

Yesterday the Appellate Division, Second Department decided In re Matter of New Creek Bluebelt, Phase 4. Lawrence N. Paolella, et al., v. City of New York, in which it affirmed the findings of Supreme Court, Richmond County (Saitta, J.). The lower ruled that there was a reasonable probability that the imposition of wetlands regulations on the subject property constituted a regulatory taking and applied a 75% increment in calculating the final condemnation award of $810,000. For the Claimants, the award represents a 338% increase over the City’s valuation of $185,000. The… read more

Posted in Eminent Domain, New York, Recent cases, Wetlands
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Coy Koontz, Jr. Honored as Champion of Private Property Rights

The Owners’ Counsel of America, a nationwide network of leading eminent domain attorneys dedicated to representing property owners, honored Coy Koontz, Jr. with the Crystal Eagle Award last week for the resolve and commitment that he, and his late father, exhibited in fighting for the right of private property ownership. “My family and I have given up so much of our lives for this fight because we believe that owning your property ought to mean something– that the government can’t control you unreasonably,” said Coy Koontz, Jr. of the yet… read more

Posted in Challenging condemnation, Eminent Domain, Eminent Domain Abuse, Recent cases, Wetlands
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Recent Supreme Court Case: Koontz v St. Johns River Water Management District

Amid many other cases handed down last week, including striking Section 5 of the Voting Rights Act and holding the Defense of Marriage Act unconstitutional, the Supreme Court of the United States also handed down a decision having enormous impact on property owners and the land use agencies that regulate them. The case, Koontz v. St  Johns River Water Management District, involved a landowner of 14.9 acres of property, primarily wetlands, east of Orlando, Florida. The property was purchased in 1972 by Coy Koontz, Sr., who passed away before the litigation… read more

Posted in Wetlands
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Ramfis Realty: The Battle to Delineate Wetland Boundaries

This post is authored by Michael Rikon. Ramfis Realty, Inc. v. The City of New York, is a written decision published at 37 Misc.3d 1207(A), in which a Brooklyn Judge sitting in Supreme Court of Richmond County corrected a major abuse by the New York State Department of Environmental Conservation (DEC). The two main issues that existed at trial were whether a potential buyer would have been permitted to build under a Consent Order entered into between the DEC and the owner, and where the exact boundaries between the wetland… read more

Posted in New York, Wetlands
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