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.

  • South Grand View Development – A Regulatory Taking Case

    Eric Bregman, Esq. (www.ericbregman.com), a prominent land use attorney in Long Island’s East End, sent me the decision handed down by the Eleventh Circuit on June 21, 2021, South Grand View Development Company, Inc. v City of Alabaster, Alabama 1F. 4th 1299. The facts are relatively simple.  The plaintiff purchased 547 acres of land in the City of Alabaster for $1.65 million.  The masterplan for development was submitted to and approved by the City.  Most of the development was completed by 2008 but the 142-acre portion of land at issue,… read more

    Posted in Due Process, Just Compensation, Re-zonings
  • What Happens to My Mortgage When the Property is Condemned?

    A mortgagee upon condemnation of the property is not without resources.  The mortgagee wants to be paid the principal balance on the secured debt. With respect to the mortgage payoff, “It is well established that, upon the vesting of title in a condemnation proceeding, all lien interests in the subject property by virtue of mortgages, unpaid taxes, or unsatisfied judgments, are extinguished (see, In re County of Nassau [Gelb – Siegel], 24 NY2d 621, 626; Copp v Sands Point Marina, 17 NY2d 291, 293; Muldoon v Mid-Bronx Holding Corp., 287… read more

    Posted in Condemnation, Equitable Lien, Mortgage
  • Kelo Remains Untouched

    The US Supreme Court denied a request to hear an appeal of a Chicago landowner whose property was condemned by the City to allow the expansion of the Bloomer Chocolate Company on June 25, 2021. The property owner took issue with the high court’s 2005 Kelo v City of New London decision, which said that local governments have the ability to take away private property for economic development use.  Three Justices, Brett Kavanaugh, Clarence Thomas and Neil Gorsuch said the Court should have heard the case, one shy of the… read more

    Posted in Kelo, Public Purpose
  • Napeague (Truck) Beach – It’s Not Over Yet

    Napeague Beach in Amagansett, East Hampton, New York has been used by the public for decades.  In 2009, Homeowner Associations above the beach commenced an action claiming that they owned title to the beach.  They also claimed that the use of the beach by trucks driving on the beach and parking whilst enjoying the ocean constituted a nuisance. After a 5-day trial in the Supreme Court in Riverhead, the Trial Court, Hon. Ralph T. Gazzillo dismissed the action.  The Trial Court found that plaintiffs did not establish their ownership to… read more

    Posted in Napeague Beach, Prescriptive Right of Access, Public Trust Doctrine
  • SCOTUS Hands Down Another Important Property Rights Case: Pakdel v City and County of San Francisco

    On June 28, 2021, the Supreme Court rendered a unanimous per curiam decision, Pakdel v City and County of San Francisco, 594 U.S. ____ (2021). The lawsuit involved a regulatory taking claim.  The City had required that as a condition of converting a tenancy-in-common to a condominium, that the owner must first offer any tenant a lifetime lease.  The Ninth Circuit held that the Plaintiffs, even though they requested two exemptions, did not present a final decision and, hence, their claim was not ripe under Williamson County Regional Planning Comm’n… read more

    Posted in Per Se Taking, Regulatory Taking

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