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Archive | 2016

July 29, 2016

Eminent Domain Railway Corridor Valuation: New York Appellate Court Holds State Liable for $67,000,000 in Just Compensation

In a ground-breaking New York eminent domain case where the State of New York took almost seven acres of CSX Transportation, Inc.’s railroad and railway property in order to widen the Brooklyn-Queens Expressway in the Woodside and Jackson Heights areas of Queens, New York City, and then vigorously argued that CSX suffered no damage and should not even be awarded anything as just compensation, the New York State Appellate Division, Second Department, on July 27, 2016, in its second time ruling on this case, held that the State was completely… read more

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Posted in Eminent Domain, Recent cases
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July 13, 2016

How Much Time Does the Government Have to Take Your Property?

After the government determines to use eminent domain, how much time does the government have to take your property? First, the New York Eminent Domain Procedure Law (“EDPL”) § 207 provides for petitioning the appellate court to review a condemnor’s determination and findings of its proposed public project and proposed exercise of eminent domain.  This opportunity for judicial review may be reviewed by the Court of Appeals. After that process, EDPL § 401 provides for the time during which a condemnor may commence a proceeding to acquire the property necessary… read more

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Posted in Challenging condemnation, Condemnation Procedures, Harlem Urban Renewal Project, Recent cases, Statute of Limitations
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July 3, 2016

New York Law Journal: The Province of the Trial Court in a Condemnation Case

Michael Rikon authored a column in the June 28, 2016, edition of the New York Law Journal titled, “The Province of the Trial Court in a Condemnation Case.”  In his article, Mr. Rikon begins by noting that New York is one of only three states that does not allow trial by jury in eminent domain proceedings.  This highlights the importance of the New York trial court and its broad discretion as the trier of both fact and law. Mr. Rikon discusses a number of areas that are within the sound discretion… read more

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Posted in Published Articles
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June 21, 2016

Valuation of Property in an Eminent Domain Case

I argued a case on June 20, 2016 in the Appellate Division, Second Department which involved an appeal by the Condemnor, New York State Urban Development Corporation.  The case arose in the Atlantic Yards – Barclays Center project, Brooklyn.  The case, decided by Justice Wayne Saitta, is reported at 43 Misc3d 1226(A), 2014 N.Y. Misc. LEXIS 2275 (Sup. Ct., Kings Co., 2014). The decision awarded claimant $9,186,000 as against an appraisal for $2,075,000 by Condemnor. The trial court found that there was a “very strong probability” of a zoning change… read more

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Posted in Eminent Domain, Highest and Best Use, Recent cases
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June 14, 2016

Extensions of Time to File Expert Reports in Eminent Domain Proceedings: Recent New York Court of Claims Decision

Often in eminent domain cases, one or both of the parties will require an extension of time during which to complete its expert reports, which include appraisals, engineering reports, and zoning reports.  And often, the parties will be able to amicably stipulate to the extension.  But, sometimes the parties will not be able to stipulate for a number of reasons, including that one party makes multiple extension requests or that one party requests an unreasonably long extension of time under the circumstances. The Uniform Court Rules that govern extensions in… read more

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Posted in Eminent Domain, Recent cases
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