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Author Archive | Michael Rikon

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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March 6, 2014

Court of Appeals: Restaurant in Union Square Does Not Violate The Public Trust Doctrine

Michael Rikon has authored a NYLJ article discussing the recent decision of the Court of Appeals in Union Square Park Community Coalition, Inc. v New York City Dept. of Parks & Recreation. This case required the court to decide whether the operation of a restaurant in Union Square would violate the public trust doctrine. The Court held that it would not. Leave to the Court of Appeals was granted from a Decision and Order from the Appellate Division, Second Department, which granted a preliminary injunction restraining the alterations necessary to… read more

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Posted in New York, Recent cases
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February 27, 2014

Appellate Division Affirms Award in AAA Electricians

The Appellate Division, Second Department recently affirmed the Supreme Court’s award in Village of Haverstraw v. AAA Electricians, Inc. The condemnor appealed the judgment of the Supreme Court, Rockland County, entered May 9, 2012, which awarded the condemnee $6,500,000 as just compensation for the taking of the condemnee’s real property. The background of the case is as follows: The condemnor acquired the 18.9 acres for transfer to the Ginsberg Development Company which in turn constructed the “Harbors of Haverstraw” a townhouse development. The subject parcel was flat and level and enjoyed… read more

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Posted in Eminent Domain, Eminent Domain Abuse, Highest and Best Use, New York, Offer & Compensation, Recent cases
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January 30, 2014

Coy Koontz, Jr. Honored as Champion of Private Property Rights

The Owners’ Counsel of America, a nationwide network of leading eminent domain attorneys dedicated to representing property owners, honored Coy Koontz, Jr. with the Crystal Eagle Award last week for the resolve and commitment that he, and his late father, exhibited in fighting for the right of private property ownership. “My family and I have given up so much of our lives for this fight because we believe that owning your property ought to mean something– that the government can’t control you unreasonably,” said Coy Koontz, Jr. of the yet… read more

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Posted in Challenging condemnation, Eminent Domain, Eminent Domain Abuse, Recent cases, Wetlands
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January 16, 2014

MO Court of Appeals Blocks Condemnation of Burger King

In a recent case, City of North Kansas City, Missouri v. K.C. Beaton Holding Company, WD76068 and WD76110 (Mo. Court of Appeals, Western District), the Missouri Court of Appeals denied an effort by North Kansas City to condemn a Burger King located at 1911 Armour Road. The City filed a petition to condemn the property on  March 12, 2012 as part of its efforts to redevelop a 57-acre area at the southeast corner of Armour Road and Interstate 29/35. The city argued that it had the power to condemn the property because it was… read more

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Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain Abuse
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