Navigation

Author Archive | Josh Rikon

June 28, 2017

The Supreme Court rejects a property owner’s regulatory taking claim

The Supreme Court of the United Sates rejected a property owner’s regulatory taking claim in Murr v Wisconsin, 582 U.S. ____ [2017]. The claim alleged that a Wisconsin law deprived the owner of all or practically all of the use of one of two adjacent lots because the lot could not be sold or developed separately under the Wisconsin law. The Court applied a multi-part test to identify the relevant parcel for the regulatory taking inquiry. It concluded that the two lots should be evaluated as a single parcel, and… read more

By
Posted in Inverse Condemnation, Recent cases
Read more > 0

August 16, 2013

Trial Court Denies Condemnor’s Motion to Dismiss Part of a Trade Fixture Claim

Justice Wayne Saitta, Kings County Supreme Court, just wrote a terrific decision denying a condemnor’s motion to dismiss part of a trade fixture claim. The decision, Pack It Away Storage Systems, Inc. v New York State Urban Development Corporation, d/b/a Empire State Development Corporation, Sup Ct., Kings County, August 9, 2013, Saitta, J. Index No. 1686/12, can be found on the following hyperlink:Pack it Away Storage Systems. The decision contains important black-letter law. One example is “[w]here the land and fixtures are owned by different entities, and the owner of the fixtures has retained… read more

By
Posted in Eminent Domain, New York, Offer & Compensation, Trade fixtures
Read more > 0