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Author Archive | Michael Rikon

November 20, 2020

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

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Posted in Condemnation, Easements, Loss of Access, Partial Takings
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November 12, 2020

What If I Don’t Want To? Government’s Ability to Make You Take A Vaccine.

There are presently over 200 COVID-19 vaccines being tested on human beings.  None are approved at this time, but several pharmaceuticals have reported very promising results from their candidates.  At the same time as this remarkable success, America has encountered a resistance to taking any vaccine.  Recent polls indicate that almost 40 percent of the country have concern about a vaccine. When the Polio vaccine was circulated in 1955, there was significant opposition.  In fact, it wasn’t until Elvis Presley had the shot that the public consented. If 40 percent… read more

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Posted in COVID 19 Vaccines, Emergency Power, Police Power
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November 10, 2020

How Do I Get to The Beach?

The Hawaii Tribune Herald reported that the Hawaii County Council passed a resolution to take a portion of Papaikou property through eminent domain in order to provide public access to Mill Beach. An earlier attempt to condemn the access was dismissed on technical grounds. Hawaii law guarantees public access to the ocean and shorelines.  The owners will challenge the case. Beach access is a subject we follow closely.  I represent the Town of East Hampton as Special Counsel.  We are awaiting the decision of the Appellate Division, Second Department in… read more

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Posted in Beach Access, Condemnation, Title to Beach
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November 5, 2020

Tax Assessments on Property Condemned – What, Me Worry?

One of the nice things of being a member of the Owners’ Counsel of America (OCA) is that you can ask for help or ideas regarding your condemnation case.  Today Paul G. Henry, Esq., the member from Missouri posed the question about a case he has where the owners protested their property taxes. Various members weighed in with their thoughts.  Howard Roston, Esq. from Minnesota commented that if the dates of valuation are close and the property is in the same condition for both appraisals, the courts will let this… read more

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Posted in Admissibility, Condemnation, Owners' Counsel of America, Tax Assessment
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October 27, 2020

The Jets Are So Bad, It’s Time to Condemn Them

Mike Lupica wrote in today’s Daily News, October 24, 2020, that “[t]he Jets are the worst team in pro football this season, and the most unwatchable.  Right now it really isn’t close.  They have the wrong coach, they seem to have the wrong general manager, they have ownership that is as incompetent as there is in professional sports.”   Mr. Lupica also notes that it has been also suggested that the City of New York use its power of eminent domain to condemn the Knicks.  Section 708 of New York’s… read more

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Posted in Condemnation of Sports Teams, Jets, Knicks
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