Archive | 2022

The Inconsistent Rulings of The Second Department: You Can Drive on the Beach – No You Can’t!

The Second Department handed down a decision dealing with driving on the beach in Southampton, Thomas v Trustees of the Freeholders and Commonalty of Southampton, ____ AD3d ____ (February 9, 2022). The Southampton Village Code prohibited the driving on ocean beaches between 9:00 am and 6:00 pm during summer months.  However, the Village Code provides an exception to this general prohibition for a portion of the beach that includes the Thomas’s property, among others.  Plaintiffs alleged several causes of action including a per se unconstitutional taking. One fact stated by… read more

Posted in Access to Beach, Per Se Taking, Title to Beach
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The Appraisal Rule in an Eminent Domain Trial

New York is one of the three states in the union that does not allow a jury trial. When private property is taken for public use, the condemnor must “compensate the owner so that he (or she) may be put in the same relative position, insofar as this is possible, as if the taking had not occurred.”[1]  The award “must reflect the fair market value of the property in its highest and best use on the date of the taking, regardless of whether the property is being put to such… read more

Posted in Appraisal Rule, Condemnation Trial, Expert Testimony
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