Archive | 2016

Update on the Grand Central Terminal Air Rights Takings Litigation

On September 28, 2015, Plaintiffs Midtown TDR Ventures LLC and Midtown GCT Ventures LLC, the owners of Grand Central Terminal, brought an action in the United States District Court for the Southern District of New York against the City of New York, the City Council, and private real estate developer SL Green Realty Corporation, and argued that the May 27, 2015, Vanderbilt Corridor rezoning effected a taking of Plaintiffs’ transferable development rights, or air rights, in violation of the Fifth Amendment of the United States Constitution. Unused air rights have… read more

Posted in Inverse Condemnation, New York, Regulatory Taking, Zoning
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The Highline and the Romanoff Case

The Highline has been a very successful park.  It was opened to the public in 2009.  It begins at Gansevoort Street in the Meat Packing District and continues to West 34th Street between 10th and 12th Avenues in Manhattan.  It is, to say the least, wildly popular and crowded with tourists taking advantage of the dramatic views. Last week, Owners’ Counsel of America filed an Amici brief in Romanoff Equities, Inc. v United States, No. 15-5034 (Fed. Cir. March 10, 2016), a rails to trial taking case pending in the… read more

Posted in Eminent Domain, Litigation, New York, Public Parkland, Rails-to-Trails
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New York Law Journal: Reasonable Probability of Rezoning as Component of Highest and Best Use

Michael Rikon authored a column in the April 26, 2016, edition of the New York Law Journal titled, “Reasonable Probability of Rezoning as Component of Highest and Best Use.” In his article, Mr. Rikon begins by explaining what the valuation concept of highest and best use is according to case law, the Appraisal Institute, and The Uniform Standards of Professional Appraisal Practice.  “Certainly, many owners do not manage their property in a way that provides the most productive highest and best use.”  But, once the property is condemned, it is… read more

Posted in Eminent Domain, Highest and Best Use, Zoning
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Rhode Island Supreme Court Rules Eminent Domain Abandonment Right of First Refusal Does Not Pass With The Estate To Heirs

Under New York State Eminent Domain Procedure Law (“EDPL”) § 406, if the condemnor takes property by eminent domain and then abandons the project for which the property was acquired, and the property has not been materially improved, the condemnor may not dispose of the property for private use within ten years of acquisition “without first offering the former fee owner of record at the time of acquisition a right of first refusal to purchase the property at the amount of the fair market value of such property at the… read more

Posted in Cases of First Impression, Eminent Domain, Future of the law, Recent cases
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What to Do When You’re a Homeowner Threatened with Eminent Domain

The U.S. News Real Estate Section published an article on March 30, 2016, titled, What to Do When You’re a Homeowner Threatened with Eminent Domain. The article lists some guidelines to protect yourself and your property. Number one is to consult an attorney “as soon as you hear your property could potentially be taken for public use, which could come to you in the form of a mailed letter, in-person notice or phone call, depending on the government planning to take the property and its practices. Eminent domain is difficult,… read more

Posted in Advance Payments, Challenging condemnation, Eminent Domain, Lawyers
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