Archive | 2021

The Independent Appraiser: Not Just a Pretty Title

In cases involving the issue of valuation of real property, the parties usually turn to an independent appraiser. Generally, this means that the appraiser is free from influence, guidance, or control of another or others.  We know that the appraiser will be somewhat biased in favor of the party who retained the expert.  But the Court will have some confidence that the appraiser will use good judgment and abide by a professional code.  The independent expert is also presumed not to have any conflicts in the assignment. Mostly importantly, the… read more

Posted in Condemnation, Conflict of Interest, Independent Appraiser
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No – You Do Not Get Immediate Possession

Some condemnation counsel believe that once their client obtains title that the condemnor can move on and possess the subject property.  Not so.  Vesting title is prescribed by Section 402 of the Eminent Domain Procedure Law. Most condemnations will be controlled by Subdivision B and take place in the Supreme Court.  The law sets strict requirements as to the necessary documents to be filed with a petition to condemn along with absolute time requirements for service. After fully complying with all statutory requirements, a Supreme Court Justice will sign an… read more

Posted in Condemnation, Possession, Title vesting
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Takings for Protective Dunes from Flagler to Fire Island

Flagler County, Florida announced that it would institute a condemnation proceeding to take 2,500 square feet of sand to enable the U.S. Army Corps of Engineers to rebuild dunes along 2.6 miles of beachfront in Flagler Beach.  The dunes are expected to prolong the life of the barrier island against rising seas, especially the homes and businesses along A1A. The condemnation is necessary because the owner refused to grant an easement like 100 other property owners did. The government argues that the easement changes nothing about property owners’ rights.  It… read more

Posted in Dunes, Severance Damages, Special Benefits
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We Don’t Need No Stinking Facts: The Incredible Misinformation of the Media, Eviction at Sheikh Jarrah

Hamas, an Islamist group that seized control of the Gaza Strip in 2007, has launched 1500 rockets into Israel so far.  The flash point for this violence is a simple land dispute in East Jerusalem.   The East Jerusalem neighborhood of Sheikh Jarrah was the location of the eviction of several Palestinian families following a ruling from Jerusalem’s District Court.  The families were represented by counsel.  An appeal has been taken to Israel’s Supreme Court.  But before the appeal can be heard, Palestinian Arabs have rioted nightly with violent eruptions… read more

Posted in Uncategorized
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When A Park Just Isn’t A Park

We represent Brinkmann Hardware Corp. which owns a wooded lot in Mattituck, Suffolk County.  The family-owned business operates four hardware stores across Long Island.  The Town of Southold has used every trick to prevent the construction of the Mattituck hardware store, including imposing a nonsense moratorium. Southold lost every round in Court, so what does it do when it cannot stop construction, authorize condemning the land. The Institute for Justice filed suit in Federal District Court to stop the condemnation alleging a violation of due process and the Fifth Amendment. … read more

Posted in Condemnation, Park, Public Purpose, Public Use, Uncategorized
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