Author Archive | Michael Rikon

SO, YOU’RE BUILDING A WALL IN TEXAS – NOT SO FAST!

          In declaring a national emergency to build a border wall, President Trump described the move as the fastest path to construction.  But a variety of legal issues could delay wall construction for years and even derail it entirely.  To start with, when there is Congressional authorization, the federal government can take land for an authorized project.  This proposed taking is not authorized by Congress.  Far from it, Congress has indicated that it is absolutely opposed to the project.  Trump is attempting to do an end run around Congress by… read more

Posted in Border Wall, National Emergency
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CROSS-EXAMINING AN APPRAISER WITH A PRIOR APPRAISAL

          The Second Department decided Matter of Klein v County of Suffolk, ____ AD3d ____, 2010 NY Slip Op 01413 on February 27, 2019.  Klein concerned a claimant’s request to obtain all appraisals that the County may have had prepared for the subject property.  The order appealed from directed the County to produce “all appraisals, and not limited only to those submitted.”  The County acquired an easement over a portion of the claimant’s property located on Fire Island as part of a federally funded construction project to reduce hurricane and… read more

Posted in Cross Examination, Impeachment of Appraiser, Prior Appraisals, Uncategorized
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CALIFORNIA’S BULLET TRAIN IS A DUD. WHAT HAPPENS TO THE PROPERTY CONDEMNED AND NOT USED?

          The California High-Speed Rail Project was authorized by the State Legislature and signed by Governor Arnold Schwarzenegger on August 26, 2008.  The bill was submitted to California voters and approved.           The first phase of the Project was to link San Francisco with Los Angeles and Anaheim.  Up tot 24 stations were authorized.  Phase 2 was to extend north from the Central Valley to Sacramento and east from Los Angeles through Inland Empire and then south to San Diego.  The total system length would have been approximately 800 miles…. read more

Posted in Abandonment Of Condemnation, California Bullet Train, Uncategorized
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IS MEDICAL TREATMENT FOR A PRE-EXISTING CONDITION A PROPERTY RIGHT?

The subject for this blog was suggested by Dr. Sumeet Mitter, my excellent cardiologist.  This blog is dedicated to him and all the incredible medical staff at Mt. Sinai Hospital.  Having just had a heart transplant, it was a subject that I could warm to.           A pre-existing medical condition is generally defined as “a medical condition that occurred before a program of health benefits went into effect.”  According to the Kaiser Foundation, more than a quarter of adults below 65 (approximately) had pre-existing conditions in 2016.           Under current… read more

Posted in Goldberg v Kelly, Pre-Existing Medical Condition, Property Rights, Texas v United States
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IT’S TIME TO PUT AN END TO THE BIAS IN FAVOR OF CONDEMNORS

We recently read a decision from the Court of Claims where the following statement is found “… all considered with the understanding that the burden of proof is establishing an entitlement to substantial compensation rests with claimant (see Andrews v State of New York, 137 AD2d 952, 953 (3d Dept).” Cardinal Development Properties, Ltd. v The State of New York, Claim No. 120333, Decision Filed December 18, 2018, J. Hudson. Why would a Court of Claims Judge believe that this is true in a de jure appropriation? In other words,… read more

Posted in Burden of Proof, Condemnation, Inverse Condemnation
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