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Author Archive | Michael Rikon

May 9, 2014

The Time Has Come to Stop the State’s Improper Deposit of Advance Payments

By: Jonathan Houghton Every State appropriation that we are aware of now starts with an automatic, unexplained deposit of the advance payment. This conduct is as egregious as it is pervasive. The State fails to provide any advance notice and refuses to tell the Claimant when the deposit was made or why. The Claimant first learns the “when” and the “why” when the State submits an Answer. And often times, the purported rationale is questionable. Unless a court intervenes and stops this improper conduct, the State’s automatic deposits of the… read more

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Posted in Eminent Domain Abuse, Future of the law, New York, Offer & Compensation
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April 23, 2014

Michael Rikon Authors NYLJ Article: “More on Discovery of Prior Appraisals”

Michael Rikon recently authored an article in the New York Law Journal discussing the use of prior appraisals in eminent domain litigation proceedings. In the article, Mr. Rikon explains under Eminent Domain Procedure Law section 303, the condemning authority must authorize an advance payment based on its highest approved appraisal. However, often times at trial, the condemnor will introduce a subsequent appraisal at a lower amount, exposing the claimants  to a potential judgment if the trial court accepts the state’s appraisal as the fair market value on title vesting date…. read more

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Posted in Condemnation Procedures, Eminent Domain, New York, Offer & Compensation, Published Articles
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April 18, 2014

Village of Haverstraw Trial in the News

The LOHUD journal has published an article discussing an abominable case of eminent domain abuse, which our firm is handling. The Condemnor is the Village of Haverstraw, and they have introduced a trial appraisal lower than the advance payment, potentially putting our clients in the position of having to produce a refund to the Village Condemnor. Gideon Kranner is quoted in the article as saying this strategy is called “sandbagging” and that it is a coercive technique that, unfortunately, many condemnation lawyers are accustomed to. The article can be read… read more

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Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, New York
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April 14, 2014

Mike Berger Will be Honored with Brigham-Kanner Property Rights Prize

William & Mary Law School and the William & Mary Property Rights Prize announced that Mike Berger will be the 2014 Recipient of the Brigham-Kanner Property Rights Prize. Berger is a property rights lawyer, scholar, teacher, and Owners Counsel member. The William & Mary Property Rights Project presents the Brigham-Kanner Property Rights Prize each year to an individual whose work affirms that property rights are fundamental to protecting and preserving individual liberty. It is named in recognition of the lifetime contributions to property rights of Toby Prince Brigham, founding partner of Brigham… read more

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Posted in Continuing Legal Education, Eminent Domain
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March 27, 2014

Kentucky Court Denies Use of Eminent Domain for Pipeline

This case was brought to our attention by Robert Thomas over at the inverse condemnation blog, an excellent source for information regarding eminent domain news.   The case, Kentuckians United to Restrain Eminent Domain, Inc. v. Bluegrass Pipeline Company, LLC (Civil Action No. 13-CI-1492) was recently decided by the Franklin Circuit Court for the Commonwealth of Kentucky. The court granted the plaintiff’s summary judgment motion, which the company will almost certainly appeal. Therefore, this is definitely a case to keep an eye on in the coming months.   The facts… read more

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Posted in Challenging condemnation, Eminent Domain, Eminent Domain Abuse, Energy Companies, Recent cases
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