Author Archive | Michael Rikon

The “Big Beautiful Wall” and Its Ugly Damages

President Biden ordered a freeze on further wall construction and acquisitions until his administration can sort things out.  The Trump administration rushed through its fence wall building program by utilizing a section of the Real ID Act of 2005 that empowers the head of the Department of Homeland Security “to waive legal requirements” the Secretary “determines necessary to ensure expeditious construction of the barriers and roads” at the border.  That allowed the former administration to suspend 84 separate laws and regulations and proceed without considering the damage it was causing… read more

Posted in Border Wall, Consequential Damages, Direct Damages, Partial Takings
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Condemning a Golf Club? Not So Fast – It’s Worth More Than You Think.

When a town condemns a country club to continue its use as a golf course, it may have bitten off more than the taxpayers can chew. The law in New York and elsewhere in our country is that the Constitution requires the payment of just compensation, It is the general rule that “just compensation” is the fair market value of the property at the date of the taking, Matter of Board of Water Supply of City of New York, 277 NY 452 (1938); County of Erie v Fridenberg, 221 NY… read more

Posted in Country Club, Golf Course, Highest and Best Use
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THE PUBLIC’S RIGHT TO SPEAK AT A PUBLIC HEARING

Before any property is condemned in New York, Article 2 of the Eminent Domain Procedure Law must be complied with.  Article 2 of New York’s Eminent Domain Procedure Law sets forth the prescribed way that property is to be acquired by eminent domain.  EDPL Section 201 provides that there must be public hearings for both state and nonstate takings at a location reasonably proximate to the property.  It is essential that notice be given by publication and by personal service or certified mail, return receipt requested, to each assessment record… read more

Posted in EDPL 201, EDPL 204(B), Public Hearing
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What Happens to Title of Real Estate Upon Condemnation?

Upon the vesting of title in a condemnation proceeding, all lien interests in the subject property by virtue of mortgages, unpaid taxes, or unsatisfied judgments are extinguished.  However, substituted in their place are equitable liens against the condemnation award to the extent of each lien and interest as of the date title vested.  County of Rockland v Kohl Industrial Park Co., 172 AD2d 607 (2d Dept 1991). There is, however, one lien which has a super priority.  The attorney who created the fund by litigation the condemnation claim has not… read more

Posted in Attorney's Charging Lien, Condemnation, Equitable Ownership, Title
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Never Be Bound by What the Condemnor Declares in a Taking

We witness more and more State appropriations where the NYDOT declares on its appropriation map that the taking is “Temporary.”  Yet, after the filing of the map and ergo the appropriation, the State alters the land in such a way that it is severely damaged.  The new roadway may limit access onto the remainder; it may reduce parking, or otherwise permanently physically alter the property. The scope of an easement is generally determined by the four corners of the taking documents themselves.  LIRR v LILCO, 64 NY2d 1088, 1089 (1985). … read more

Posted in Condemnation, Easements, Loss of Access, Partial Takings
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