Author Archive | Michael Rikon

DOES ACQUIRING PROPERTY TO RETURN IT TO PRODUCTIVE USE SERVE A VALID PUBLIC PURPOSE? OR, IS LAND BANKING SPECULATIVE AND IMPROPER?

          The Second Department handed down two decisions in two consecutive weeks deciding challenges to determinations adopted to condemn property by eminent domain for the purpose of returning the property to productive use in accordance with the City of Yonkers Master Plan in two separate urban renewal plans.  Matter of One Point St. Inc. v City of Yonkers Indus. Dev. Agency, ____ AD3d ____, 2019 NY Slip Op 01769 (March 13, 2019); Matter of City of New York v Yonkers Industrial Development Agency, ____ AD3d ____, 2019 NY Slip Op… read more

Posted in Challenges to Condemnation, EDPL Sec. 207, Land Banking, Speculative Taking, Uncategorized
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SOMETHING IS ROTTEN IN THE COUNTY OF ROCKLAND: The corrupt process of exercising the awesome power of eminent domain.

          Recently, the Second Department affirmed an additional allowance pursuant to EDPL Sec. 701 to the extent of awarding $233,391.46.  Matter of Village of Spring Valley (Little Angel Day Care Center, Inc.).  Joshua H. Rikon tried the trade fixture claim and argued the appeal.           The Village, as it has in past cases, offered a low-ball appraisal and paid an advance payment of $90,960.           The trial court awarded $469,114 as just compensation.  The award was previously affirmed and claimant thereafter moved for the additional allowance.  Little Angel was fully… read more

Posted in Bad Faith, Just Compensation, Mendacious Argument, Uncategorized
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“I’VE GOT THE HORSE RIGHT HERE” Condemning a Racetrack Part II – Valuing a Specialty

          In my prior blog on April 4, 2019, I wrote about the City of Baltimore’s proceedings to condemn the Pimlico Race Course and the “Preakness Stakes.”  One of the issues discussed was what would be the measure of damages the City would have to pay as just compensation.  I wrote that a racetrack should qualify as a specialty.  The valuation of property as a specialty requires the summation method.  One would calculate the depreciate value of the physical improvements and add that value to the land.           One of… read more

Posted in Uncategorized
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“I’VE GOT THE HORSE RIGHT HERE” Condemning a Racetrack By Michael Rikon

The City of Baltimore has commenced eminent domain proceedings to condemn the Preakness Stakes horse race and the Pimlico racetrack.  It seems that the owners were intent on moving the Preakness Race out of the City.  The racetrack is in a rundown condition.  The Maryland Stadium Authority issued a report saying the Pimlico track should be torn down and rebuilt at a cost of $424 million.            Maryland law requires that the track be in Baltimore except for disaster or emergency.  Among the various charges levied is that the owners… read more

Posted in Going Concern, Intangible Property, Racetracks, Uncategorized
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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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