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.

  • Black Family Receives Back Land Stolen by Racism

    On August 5, 2021, we wrote about “Bruce’s Beach” in Manhattan Beach, California. The blog stated that “It was a destination where black tourists could swim, dance, eat and rest. The City claimed that it needed the property for a public park, but left it undeveloped. Manhattan Beach has been grappling with the history of Bruce’s Beach for years. The Los Angeles County Board of Supervisors voted unanimously to begin the process of transferring the property to the descendants of Charles and Willa Bruce.  Returning Bruce’s Beach to the family… read more

    Posted in Bruce's Beach
  • Recent Purchase Sinks a Tax Assessment Reduction Try

    Thanks to Daniel Sciannemeo, MAI for providing a recent decision by the Honorable E. Loren Williams (Westchester Supreme Court) in Cedar Manor Acquisition LLC v The Assessor of the Town of Ossining.  (Index No. 62538/2020; Filed 9/28/21). In a well written decision, Justice Williams discussed the effort to reduce the taxes on property which was a nursing home business enterprise.  The property sold for $23,715,000 which included the purchase price of the real estate and the business enterprise.  The transfer tax form filed with the County Clerk indicated that the… read more

    Posted in Burden of Proof, Real Estate Assessments, Recent Purchase Price
  • Las Vegas Crap Shot Turns into An Inverse Taking

    Las Vegas was slammed for its action which prevented a developer from pursuing housing plans on a defunct golf course.  The Clark County District Court held that the City’s actions were tantamount to the City taking the property. Kermitt Waters, Esq., owner’s counsel of America attorney for the State of Nevada represented the plaintiff-developer.  The estimated damages could be as much as $1 billion. According to the Las Vegas Review-Journal (September 30, 2021), efforts to develop the golf course began after EHB purchased the land in 2015.  Plans were opposed… read more

    Posted in Categorical Taking, Inverse Condemnation
  • The Infrastructure Fund: Will Critical Projects Ever Be Built?

    The infrastructure bill that could move critical projects has stalled over funding.  For years there has been a backlog of needed repairs and upgrades to highways, bridges and roads.  An infusion of $600 billion in new federal aid could change the status in President Biden’s unprecedented overhaul of the Country’s aging public works system.  There is a sprawling $1 trillion infrastructure package whose future is uncertain. Will the funding be available?  According to the New York Times, the measure’s fate is in limbo as various factions of the Democratic Party… read more

    Posted in Condemnation, Infrastructure Projects
  • The Three Forms of Takings for Eminent Domain

    The National Law Review had a brilliant article on the forms of takings in eminent domain.  (September 23, 2021, Vol. XI, Number 266) The simplest to describe and the most common is a physical taking.   Physical takings are the straight forward process of a government or other entity with the power of eminent domain. The second type is a regulatory taking.  This means the economic input factor comparing value that has been taken and the value which remains post-regulatory taking.  Regulatory takings are commonly called inverse condemnation. The third is… read more

    Posted in Physical Taking, Pro Tanto Taking, Regulatory Taking

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