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Archive | March, 2013

March 11, 2013

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

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Posted in New York, Wetlands
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March 1, 2013

Pre-vesting Offers and the Duty to Negotiate

A recent case decided by the New Jersey Appellate Division has highlighted the rule that condemning municipalities do not have a duty to negotiate with mortgagees when condemning a property on which they hold an interest. Borough of Merchantville v. Malik & Son, LLC, handed down on February 5th, specifically held that the condemning municipality was only required to conduct pre-complaint bona fide negotiations with the record owner of the property.* Thus, the municipality did not have to conduct negotiations with the assignee of a mortgagee which had obtained a final judgment of foreclosure. A little bit of… read more

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Posted in Condemnation Procedures, New York, Offer & Compensation, Recent cases, Uncategorized
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