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Archive | 2019

June 5, 2019

THE DAKOTA ACCESS PIPELINE PROJECT

The Supreme Court of Iowa ruled on May 31, 2019 that the Dakota Access Pipeline is a valid use of eminent domain in the State of Iowa. The Dakota Access Pipeline is set to be one of the largest pipelines in North America, running from North Dakota through South Dakota and Iowa to reach a refinery in Illinois.  The pipeline has been subject to a significant amount of controversy for its size and environmental impact as well as its location running through Indian Reservations. The current case was brought by… read more

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Posted in Dakota Access Pipeline, Pipeline Takings, Takings Clause, Uncategorized
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May 30, 2019

PAYMENT OF AN ADVANCE PAYMENT: THE NEW YORK RULE

          On May 28, 2019, the United States Supreme Court declined to grant certiorari to review a case which arose out of southeast Pennsylvania.  The 72-acre parcel was owned by Gary and Michelle Erb who intended to build their residence and also have their sons build homes on the land as well.  But the Erbs’ dream was destroyed when the Transcontinental Gas Pipe Line Company (Transco) applied to the Federal Energy Regulatory Commission (FERC) for authorization to build its Atlantic Sunrise Project – a natural gas pipeline running through Pennsylvania,… read more

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Posted in Advance Payments, Pipeline Takings, Uncategorized
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May 21, 2019

THE STANDARD OF REVIEW OF A VALUATION CASE ON APPEAL AND JUDICIAL BIAS

          On appeal of a condemnation or tax certiorari case what exactly is the Appellate Court standard of review?  The answer is not that simple.  Most decisions reviewing a valuation cause will state that since the matter before it was a bench trial, the Appellate Division may render the Judgment it finds warranted by the facts, taking into account the fact that the trial court had the advantage of seeing the witnesses.  Northern Westchester Professional Park Associates v Bedford, 60 NY2d 492 (1983).  Stated another way, where the trial court’s… read more

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Posted in Burden of Proof, Standard of Review, Uncategorized
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May 15, 2019

EDPL SECTION 701: LEGAL FEES, APPRAISAL FEES AND DISBURSEMENT REIMBURSEMENTS

          The Second Department handed down Matter of City of Long Beach v Sun NFL Limited Partnership on May 15, 2019 ___ AD3d ___, 2016-13371.  The decision concerned an application for reimbursement of legal, appraisal fees and disbursements pursuant to EDPL Section 701.           The condemnor made a pre-vesting offer to the property owner of $2,080,000.  After trial the Supreme Court awarded $11.8 million.  Claimant sought an additional allowance totaling $2,024,412.           The trial court reduced the amount sought for attorneys’ fees and awarded $831,303.   The condemnor appealed and claimant… read more

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Posted in Attorneys' Fees Reimbursement, EDPL Sec. 701, Uncategorized
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May 9, 2019

LITIGATING THE PUBLIC TRUST DOCTRINE IN NEW YORK. A PARK IS A PARK UNLESS IT’S NOT.

          New York’s highest court, the Court of Appeals, decided Matter of Glick v Harvey.[1]  The appeals court affirmed the reversal of a lower court order which enjoined New York University from beginning any construction in connection with its expansion project that would result in any alienation of three parcels of land found by the Court to be public parkland, unless and until the State Legislature authorizes the alienation of any parkland to be impacted by the project.  The decision itself provides very little factual information.  According to an article… read more

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Posted in Condemnation, parklands, Public Trust Doctrine, Uncategorized
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