Author Archive | Michael Rikon

ALI CLE The Practical Real Estate Lawyer Now Available

The March 2013 edition of The Practical Real Estate Lawyer, published by American Law Institute Continuing Legal Education is now available. It features four outstanding articles including “Working with Eminent Domain Valuation Witnesses” by Michael Rikon and Anthony F. Della Pelle, “Opening Statements in Eminent Domain Cases” by Brandee L. Caswell and Joseph P. Santum, “Direct Examination of the Valuation Witnesses” by James D. Masterman, and “Groundbreakers– Using the Judicial System to Abate the Foreclosure Crisis.” We want to specifically highlight Michael Rikon & Anthony Della Pelle’s article here, as well as… read more

Posted in Continuing Legal Education, Published Articles, Trial Preparation
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NYC Cultural Institutions In Need of Repair, Sell Out To Developers

A recent New York Times article highlights an increasingly common practice being used around New York City as a way to pay for government services. Cultural institutions desperately in need of repair such as schools and public libraries are being sold developers, torn down, and rebuilt on the ground floor of new apartment towers, all without any expense to the public. Although is not the first time officials have mingled private development and schools, the Times article notes that the pace is accelerating, stating that “three projects have been executed since 2008 and the… read more

Posted in New York, Uncategorized
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Upcoming CLE: Eminent Domain From Start to Finish

Three partners from our firm, Michael Rikon, Joshua Rikon, and Jonathan Houghton, will be presenting at the Eminent Domain From Start to Finish Conference held by the National Business Institute on April 2, 2013. The conference will be held at the Holiday Inn of Plainview, New  York and is recommended for attorneys, appraisers, engineers, and the like. Topics will include Calculating Damages and Just Compensate, Trail Practice and Strategy, and Ethics in Condemnation, among others. The course manual offers 123 pages of valuable material, which will provide a library of… read more

Posted in Uncategorized
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Ramfis Realty: The Battle to Delineate Wetland Boundaries

This post is authored by Michael Rikon. Ramfis Realty, Inc. v. The City of New York, is a written decision published at 37 Misc.3d 1207(A), in which a Brooklyn Judge sitting in Supreme Court of Richmond County corrected a major abuse by the New York State Department of Environmental Conservation (DEC). The two main issues that existed at trial were whether a potential buyer would have been permitted to build under a Consent Order entered into between the DEC and the owner, and where the exact boundaries between the wetland… read more

Posted in New York, Wetlands
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Pre-vesting Offers and the Duty to Negotiate

A recent case decided by the New Jersey Appellate Division has highlighted the rule that condemning municipalities do not have a duty to negotiate with mortgagees when condemning a property on which they hold an interest. Borough of Merchantville v. Malik & Son, LLC, handed down on February 5th, specifically held that the condemning municipality was only required to conduct pre-complaint bona fide negotiations with the record owner of the property.* Thus, the municipality did not have to conduct negotiations with the assignee of a mortgagee which had obtained a final judgment of foreclosure. A little bit of… read more

Posted in Condemnation Procedures, New York, Offer & Compensation, Recent cases, Uncategorized
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