Author Archive | Michael Rikon

NYLJ: Expert Witnesses in Condemnation & Tax Certiori Cases

Michael Rikon recently published an article in the New York Law Journal titled “The Expert Witness in Condemnation and Tax Certiori Cases” wherein he discusses the factors practitioners must consider in deciding whether and which expert witnesses to call in each case. As Mr. Rikon points out, the two cases use two different valuation methodologies. In tax assessment cases, property is valued as is, while in condemnation proceedings, property is valued based on its highest and best use, regardless of its actual use. Additionally, a reasonable probability of rezoning can… read more

Posted in New York, Trial Preparation
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William and Mary will honor Thomas W. Merrill with the 2013 Brigham-Kanner Property Rights Prize

William and Mary will honor Thomas W. Merrill, a Columbia Law School Professor, with the 2013 Brigham-Kanner Property Rights Prize at the 10th annual conference on October 17-18 sponsored by the William & Mary Property Rights Project. The project presents the award each year to an individual whose scholarly work and accomplishments affirm that property rights are fundamental to protecting individual and civil rights. According to the press release, Merrill is among the nation’s leading scholars of property, administrative, and environmental law, and is the Charles Evans Hughes Professor at Columbia Law… read more

Posted in Uncategorized
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MO Supreme Court Upholds Constitutionality of Heritage Value Statute

The Missouri Supreme Court recently issued a decision affirming a $2.1 million payment for the taking of 15 acres of land in St. Louis County, Missouri. The land was owned by the Novel family, originally purchased by the family patriarch in 1904. Arthur and Stella Novel lived and farmed on the land until their deaths in the late 1960’s. The land, now owned by their descendants, had been vacant since 1968 until the time of the taking in February 2010. The property was acquired in order to construct a portion… read more

Posted in Condemnation Procedures, Eminent Domain, Offer & Compensation, Recent cases
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The Power of Eminent Domain: A Case Study Between Two States

In 2005 the Supreme Court held in Kelo v. City of New London that the general benefits of economic growth allowed the taking of private property for a private developer. The Court held that the economic development taking did not violate the public purpose clause of the Fifth Amendment. Since then, many states have adopted amendments to their Constitutions which narrow and specify the “public uses” for which property can be condemned. Virginia is one such state. The Virginia Assembly in 2007 enacted Chapters 882, 901 and 926. The legislation provided that… read more

Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, Future of the law, New York, Recent cases
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NYLJ Article, “The Court’s Duty in a Condemnation Case”

Partners Michael Rikon & Jonathan Houghton recently authored an article in the New York Law Journal titled “The Court’s Duty in a Condemnation Case.” The article discusses a recent decision by the Appellate Division, Second Department, affirming an order of the Kings County Supreme Court Justice Wayne Saitta which granted a motion for leave to exchange amended appraisal reports and vacate the Note of Issue filed by the condemnor. The motion followed the review of both sides’ appraisals prior to trial. The trial court reviewed the appraisals that the parties intended to… read more

Posted in Condemnation Procedures, Eminent Domain, Highest and Best Use, New York, Published Articles, Recent cases, Trial Preparation
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