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Archive | 2020

November 5, 2020

Tax Assessments on Property Condemned – What, Me Worry?

One of the nice things of being a member of the Owners’ Counsel of America (OCA) is that you can ask for help or ideas regarding your condemnation case.  Today Paul G. Henry, Esq., the member from Missouri posed the question about a case he has where the owners protested their property taxes. Various members weighed in with their thoughts.  Howard Roston, Esq. from Minnesota commented that if the dates of valuation are close and the property is in the same condition for both appraisals, the courts will let this… read more

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Posted in Admissibility, Condemnation, Owners' Counsel of America, Tax Assessment
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October 27, 2020

The Jets Are So Bad, It’s Time to Condemn Them

Mike Lupica wrote in today’s Daily News, October 24, 2020, that “[t]he Jets are the worst team in pro football this season, and the most unwatchable.  Right now it really isn’t close.  They have the wrong coach, they seem to have the wrong general manager, they have ownership that is as incompetent as there is in professional sports.”   Mr. Lupica also notes that it has been also suggested that the City of New York use its power of eminent domain to condemn the Knicks.  Section 708 of New York’s… read more

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Posted in Condemnation of Sports Teams, Jets, Knicks
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October 22, 2020

Eminent Domain and New York’s Requirement for an Advance Payment: Stop the Monkey Business

We wrote on several occasions of the State of New York’s improper conduct of depositing the authorized advance payment into the State’s Comptroller’s Office. The State fails to provide any advance notice and refuses to tell the claimant when the deposit was made or why.  The claimant first learns the “when” and the “why” when the State submits an Answer.  And often times the purported rationale is questionable. Unless a court intervenes and stops this improper conduct, the State’s automatic deposits of the advance payment will continue unabated and a… read more

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Posted in Advance Payments, Distribution Proceeding, Eminent Domain
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October 20, 2020

Why Adjust Expert Fee in An Application Pursuant to EDPL Section 701?

In a recent decision by the Honorable Wayne P. Saitta, Supreme Court, Kings County, the court discussing Section 701 of the Eminent Domain Procedure Law stated: Where the proof offered by a claimant has had no effect on the final award, then it cannot be found to have been necessary to achieve just and adequate compensation and the court will not award an additional allowance as to those efforts.  (First Bank & Trust Co. of Corning v State of New York, 184 AD2d 1034, [4th Dept 1992] affd 81 NY… read more

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Posted in EDPL Sec. 701, Reimbursement of Legal Fees
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October 15, 2020

No Donald, You Can’t Do That

On October 9, 2020, the Ninth Circuit Court of Appeals held that Trump’s use of his emergency powers to build his long-promised border wall with military funds is illegal.  (And no, Mexico is not paying for the wall.)   $36 billion was slated for construction of about a dozen projects including two projects in the Laredo and El Paso areas.  The money was diverted from funds dedicated for military construction.  The projects in Texas would have covered more than 60 miles according to the American Civil Liberties Union.  Some experts… read more

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Posted in Border Wall, Military Construction, Sierra Club v Trump
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