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Archive | 2017

July 31, 2017

WHEN A JUDGE DOESN’T GET IT

New York is one of three states in the union that does not provide for jury trials in condemnation matters.  Not only that, but there is a designated justice who is assigned to hear condemnation cases in every county.  Many of our out of state colleagues who practice eminent domain law find that having the same judge is almost as incredible as not having a jury. Most of the time, the judges assigned to the condemnation part are interested in the subject and become experts in the law.  Some courts… read more

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Posted in Appraisal, Appraisal Rule, Date of Valuation, Summary Judgment
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June 28, 2017

The Supreme Court rejects a property owner’s regulatory taking claim

The Supreme Court of the United Sates rejected a property owner’s regulatory taking claim in Murr v Wisconsin, 582 U.S. ____ [2017]. The claim alleged that a Wisconsin law deprived the owner of all or practically all of the use of one of two adjacent lots because the lot could not be sold or developed separately under the Wisconsin law. The Court applied a multi-part test to identify the relevant parcel for the regulatory taking inquiry. It concluded that the two lots should be evaluated as a single parcel, and… read more

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Posted in Inverse Condemnation, Recent cases
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June 13, 2017

BROOKLYN CENTER TRIAL DECISION

Goldstein, Rikon, Rikon & Houghton, P.C. obtained three favorable decisions from the Honorable Wayne P. Saitta after a trial handled by Jon Houghton and Ashley Levi. The three properties were located in the Willoughby Square area of downtown Brooklyn.  The plan was to upzone the land to encourage the development of office buildings in downtown Brooklyn.  As the Court noted, the majority of the development that took place since the 2004 rezonings was hotel and residential development rather than office buildings.  Although the zoning change took place some five years… read more

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Posted in Brooklyn Development Properties, F.A.R., Fair Market Value
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June 6, 2017

WHAT LAW SHOULD APPLY IN A CONDEMNATION BY A PRIVATE ENTITY EXERCISING FEDERAL EMINENT DOMAIN AUTHORITY – FEDERAL OR STATE?

An interesting decision was won by our Florida Owner’s Counsel of America colleague, Andrew Prince Brigham.  The case, Sabal Trail Transmission, LLC v Real Estate, et. al., was decided by Honorable Mark E. Walker in the Northern District of Florida, United States District Court on June 5, 2017, Case No. 1:16-CV-063 MW-GRJ. Sabal Transmission proposes to construct a 516.2 mile pipeline in Alabama, Georgia and Florida.  After initiating an eminent domain condemnation action against multiple private owners, it filed a motion for partial summary judgment asserting that the Fifth Amendment… read more

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Posted in Choice of Law, Property Rights, Transmission Lines
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May 17, 2017

WE NEED THE GATEWAY TUNNEL AND PENN STATION REDEVELOPMENT NOW

The Trump administration’s infrastructure plan will be out in a few weeks and will call for $200 billion in taxpayer money to generate $1 trillion in private investment in over ten years. President Trump’s pledge to spend $1 trillion on infrastructure was a top campaign promise, but has received little attention amidst the daily disasters of his administration.  Indeed, it may be the rare area that appears ripe for bipartisan support.  Not that there isn’t some concern that the plan to have private investment will come at the cost of… read more

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Posted in Gateway Tunnel, Infrastructure Plan, Penn Station, Public Purpose
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