The purpose of the Goldstein, Rikon, Rikon & Houghton, P.C. Eminent Domain Blog is to provide the public with information about the practice of eminent domain law. We also hope to share relevant updates and legal developments affecting this area of the law.

  • IS MEDICAL TREATMENT FOR A PRE-EXISTING CONDITION A PROPERTY RIGHT?

    The subject for this blog was suggested by Dr. Sumeet Mitter, my excellent cardiologist.  This blog is dedicated to him and all the incredible medical staff at Mt. Sinai Hospital.  Having just had a heart transplant, it was a subject that I could warm to.           A pre-existing medical condition is generally defined as “a medical condition that occurred before a program of health benefits went into effect.”  According to the Kaiser Foundation, more than a quarter of adults below 65 (approximately) had pre-existing conditions in 2016.           Under current… read more

    Posted in Goldberg v Kelly, Pre-Existing Medical Condition, Property Rights, Texas v United States
  • IT’S TIME TO PUT AN END TO THE BIAS IN FAVOR OF CONDEMNORS

    We recently read a decision from the Court of Claims where the following statement is found “… all considered with the understanding that the burden of proof is establishing an entitlement to substantial compensation rests with claimant (see Andrews v State of New York, 137 AD2d 952, 953 (3d Dept).” Cardinal Development Properties, Ltd. v The State of New York, Claim No. 120333, Decision Filed December 18, 2018, J. Hudson. Why would a Court of Claims Judge believe that this is true in a de jure appropriation? In other words,… read more

    Posted in Burden of Proof, Condemnation, Inverse Condemnation
  • THINKING ABOUT CHALLENGING A CONDEMNATION IN NEW YORK? – GOOD LUCK!

    Authorizing and Challenging the Condemnation Article 2 of New York’s Eminent Domain Procedure Law sets forth the prescribed way that property is to be acquired by eminent domain.  EDPL Section 201 provides that there must be public hearings for both state and non-state takings at a location reasonably proximate to the property. It is essential that notice be given by publication and by personal service or certified mail, return receipt requested, to each assessment record billing owner or his or her attorney of record, as required by Section 202. The… read more

    Posted in Condemnation
  • WE DON’T NEED NO STINKING HUMAN APPRAISER – WE WILL USE A BOT

    The November 30, 2018 Wall Street Journal has an article, “Home Appraisals Go High-Tech.”  It seems that the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corp. and The Federal Reserve have proposed loosening real estate appraisal rules so that a majority of homes can be bought and sold without being valued by a licensed appraiser.  According to the article, the plan would increase the value of homes that can be sold without an appraiser visiting the property from $250,000 to $400,000.  This does not sound like… read more

    Posted in Appraisal, Appraisers, FDIC
  • PARDON ME, IS THAT YOUR DINOSAUR?

    Our friend Robert H. Thomas brought our attention into an interesting case in his excellent blog, inversecondemnation.com.  The case, Murray v BEJ Minerals, LLC, was handed down by the Ninth Circuit Court of Appeals on November 6, 2018. The case was brought by plaintiffs who were owners of a Montana ranch.  They sought a declaratory judgment that dinosaur fossils found on the ranch belong to them as owners of the surface estate. Plaintiffs took title to the ranch from the Seversons prior to the discovery of the fossils.  The previous… read more

    Posted in De Facto Appropriation, Fossils, Mineral Rights