Navigation

Archive | 2018

October 17, 2018

A TRIPLE AAA DECISION – MATTER OF VILLAGE OF HAVERSTRAW v AAA ELECTRICIANS, INC.

On October 17, 2018, the Appellate Division, Second Department handed down a decision affirming the award of $1,190,582.91 for an additional allowance for legal and expert fees.  The additional allowance was awarded by the Honorable Bruce E. Tolbert. The additional allowance was authorized by Section 701 of the Eminent Domain Procedure Law. In August 1987, the Eminent Domain Procedure Law (EDPL), §701, was amended to provide that when an award in a condemnation proceeding was “substantially” in excess of the condemnor’s proof on the trial, the trial court, in its… read more

By
Posted in EDPL Sec. 701, Legal Fees
Read more > 0

October 15, 2018

HOW DO WE GET TO THE BEACH? PART II. MARTINS BEACH v SURFRIDER FOUNDATION

I first wrote about this subject in our blog dated May 21, 2018.  The United States Supreme Court denied certiorari on October 1, 2018 to Martins Beach 1, LLC v Surfrider Foundation, _____ U.S. _____, 2018 U.S. LEXIS 5704.  The Court refused to hear an appeal by an owner to overturn a ruling that a beach access path must stay open. The access to the beach was located near Half Moon Bay, California.  The property never had public access.  The beach could only be accessed by driving down a private… read more

By
Posted in Beach Access, Per Se Taking, Public Trust Doctrine
Read more > 0

October 8, 2018

ADVERSE POSSESSION OF CONDEMNED LAND

Among the many interesting calls that I receive, this one is a doozy.  Many years ago, the City condemned property for urban renewal.  But never moved forward after acquiring title.  It did nothing and the land remained vacant.  Then after a passage of over 15 years, someone conveyed title to the parcel.  This sale was from an owner to another private party. The grantee, however, did not pay the City’s real estate taxes.  So, after a period of years, the City foreclosed on its tax lien taking title once again… read more

By
Posted in Adverse Possession, Title
Read more > 0

September 21, 2018

JUST IN THE KNICK OF TIME – KNICK V. TOWNSHIP OF SCOTT

It is very rare, yet it’s going to happen.  The United States Supreme Court will hear an eminent domain case.  The case brought by our friends at Pacific Legal Foundation involves a somewhat bizarre fact pattern.  Okay, it is totally weird.  The Township of Scott, Pennsylvania passed an ordinance affecting private properties determined to be or contain cemeteries. In relevant part, the ordinance required that “all cemeteries within the Township . . . be kept open and accessible to the general public during daylight hours” and that no owner could… read more

By
Posted in Fifth Amendment, Knick v Township, Ripeness of Claims, Williamson County
Read more > 0

September 7, 2018

WE DON’T WANT TO PAY NO STINKING INTEREST – THE STATE OF NEW YORK’S CONTINUED BAD FAITH IN COMPLIANCE WITH THE LAW

Jonathan Houghton recently won two appeals in the Second Department. Matter of Sagres 9, LLC v State of New York, 2018 NY Slip Op. 05932 and 05933 (2d Dept. August 29, 2018). The appeals concerned the failure of the State to pay statutory interest at 9%.  In the two different appropriations, the State deposited advance payments with no notice or explanation to Claimant.  There was absolutely no reason for the deposits.  In fact, the improper deposit with the Comptroller into its eminent domain accounts, pursuant to State Finance Law Sec…. read more

By
Posted in Advance Payments, interest, Just Compensation, State Finance Law Sec. 97-dd
Read more > 0