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THE PARTIAL TAKING
Condemning authorities do not always take an entire parcel in an eminent domain proceeding. Indeed, in the Court of Claims, the majority of the appropriation claims are partial takings arising in the context of a highway project. Partial takings may also occur in the context of takings for sewer lines, electrical transmission lines, or as is the subject of recent nationwide proposals, pipelines. As a general rule, the measure of damages in a partial-taking case is the difference between the fair market value of the whole property before the taking… read more
October 17, 2023
Utilizing the Power of Eminent Domain to Stop a Nuisance
According to an article published in Newsday, the Hempstead Town Board has taken the first step to seize a shuttered West Hempstead motel through eminent domain to stop activities that it says make it a nuisance, a tactic a legal expert called “unusual.” The town board scheduled a hearing for December 5 to condemn the Capri Motor Inn on Hempstead Turnpike. The board resolution, adopted at its October 3 meeting without discussion, alleges that the town has “received complaints, and this board has taken testimony that evidence prostitution, narcotics activity,… read more
October 10, 2023
Eminent Domain Was Used to Evict a Chinatown Family. Now It Might Help Them Stay Housed.
An article in the Los Angles Times describes how the Hernandez family was forced from their one-bedroom apartment in Chinatown by eminent domain for a 30-acre expansion of the Los Angeles Convention Center in 1988. Now, eminent domain could actually keep the Hernandez family housed. The Los Angeles City Council voted unanimously in 2021 to explore the use of eminent domain to acquire Hillside Villa, a 124-unit apartment complex in Chinatown where Mrs. Hernandez has lived for 30 years with her husband, daughter and now grandson. Her apartment building’s affordability… read more
September 19, 2023
Destruction of Black Neighborhoods
Essence Magazine published a remarkable article in its September 5, 2023 issue, “Why the Destruction of a Black Neighborhood Matters to Me – And Should Matter to Everyone” by Brandi Kellam. The story’s author was a student at Christopher Newport University in Virginia and unearthed the painful history behind the Campus’ location. The college in a statement acknowledged that the residents of a well-established neighborhood were displaced by decisions made about the location of the university. The Black neighborhood was known as the “Shoe Lane area.” The article states: As… read more
September 14, 2023
EDPL Section 701
The Appellate Division, Second Department affirmed an award of $799,627 for reimbursement of legal and appraisal fees pursuant to Section 701 of the Eminent Domain Procedure Law. The award followed a trial where the City of New York valued the Staten Island vacant land condemned at $611,000. Goldstein, Rikon, Rikon & Levi, P.C. representing the claimant, Yeshivas Ch’San Sofer, obtained $3,165,513 after trial. Matter of Oakwood Beach Bluebelt (Yeshivas Ch’San Sofer), ___ AD3d ___ (Sept. 13, 2023). Eminent Domain Procedure Law (EDPL), § 701, was amended to provide that when… read more
The purpose of the Goldstein, Rikon, Rikon & Levi, 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.