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Archive | 2013

June 25, 2013

Michael Rikon Authors New Article in NYLJ: Discovery in Condemnation and Tax Certiori Proceedings

Michael Rikon has authored a new article that appears in this month’s New York Law Journal, addressing the use of discovery in condemnation and tax certiori proceedings. The article discusses the prominent provisions of the Eminent Domain Procedure Law (“EDPL”) limiting the use of discovery. Sections 101 and 301 of the EDPL require “rules to reduce litigation” and “expeditious effort to justly compensate persons.” The article points out that the “urgency to quickly dispose of condemnation claims is also evidenced by Section 506 of the EDPL, which mandates that the condemnor… read more

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June 19, 2013

Constitution Subcommittee Approves Bill to Protect Private Property Rights

On June 4, 2013, the United States Congressional Subcommittee on the Constitution and Civil Justice approved legislation to prohibit state and local governments that receive federal economic development funds from using eminent domain to transfer private property from one private owner to another for the purpose of economic development. The legislation is named the Private Property Rights Protection Act (H.R. 1944) is available here and is a direct response to the 2005 Supreme Court case Kelo v. City of New London, which gave local governments broad authority to seize private… read more

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Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain Abuse, Future of the law, Legislation
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June 4, 2013

How to Locate the Best Condemnation Attorney

Attorney Advertising By:  Michael Rikon You say your cattle ranch in Montana is about to be taken in an eminent domain proceeding for a wind energy development project? What now? Should you call upon a lawyer who advertises on Google, or locate the best condemnation lawyer in that state? We think the latter. Condemnation cases are unique to each state’s law. You need an experienced trial lawyer who has the ability to hit the road running. Otherwise, you are looking for trouble. Condemnation judgments are rarely modified on appeal. As… read more

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Posted in Eminent Domain, New York
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May 16, 2013

Willets Point Held Entitled to Reimbursement of Legal and Expert Fees

By: Michael Rikon and Jamie Sinclair As a result of a decision by the Honorable Jaime A. Rios of Supreme Court, Queens County, dated April 25, 2013, Willets Point was awarded the reimbursement of attorneys fees and expenses against the City. The EDPL authorizes, in the event that a procedure to acquire property is abandoned (or a court determines the condemnor was not legally authorized to acquire the property), the reimbursement for a condemnee’s actual and necessary costs, disbursements, and expenses (including attorney fees, appraisal fees, engineering fees, and other… read more

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Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain, New York, Recent cases
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