Archive | 2019

CROSS-EXAMINING AN APPRAISER WITH A PRIOR APPRAISAL

          The Second Department decided Matter of Klein v County of Suffolk, ____ AD3d ____, 2010 NY Slip Op 01413 on February 27, 2019.  Klein concerned a claimant’s request to obtain all appraisals that the County may have had prepared for the subject property.  The order appealed from directed the County to produce “all appraisals, and not limited only to those submitted.”  The County acquired an easement over a portion of the claimant’s property located on Fire Island as part of a federally funded construction project to reduce hurricane and… read more

Posted in Cross Examination, Impeachment of Appraiser, Prior Appraisals, Uncategorized
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CALIFORNIA’S BULLET TRAIN IS A DUD. WHAT HAPPENS TO THE PROPERTY CONDEMNED AND NOT USED?

          The California High-Speed Rail Project was authorized by the State Legislature and signed by Governor Arnold Schwarzenegger on August 26, 2008.  The bill was submitted to California voters and approved.           The first phase of the Project was to link San Francisco with Los Angeles and Anaheim.  Up tot 24 stations were authorized.  Phase 2 was to extend north from the Central Valley to Sacramento and east from Los Angeles through Inland Empire and then south to San Diego.  The total system length would have been approximately 800 miles…. read more

Posted in Abandonment Of Condemnation, California Bullet Train, Uncategorized
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IS MEDICAL TREATMENT FOR A PRE-EXISTING CONDITION A PROPERTY RIGHT?

The subject for this blog was suggested by Dr. Sumeet Mitter, my excellent cardiologist.  This blog is dedicated to him and all the incredible medical staff at Mt. Sinai Hospital.  Having just had a heart transplant, it was a subject that I could warm to.           A pre-existing medical condition is generally defined as “a medical condition that occurred before a program of health benefits went into effect.”  According to the Kaiser Foundation, more than a quarter of adults below 65 (approximately) had pre-existing conditions in 2016.           Under current… read more

Posted in Goldberg v Kelly, Pre-Existing Medical Condition, Property Rights, Texas v United States
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