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Author Archive | Michael Rikon

July 25, 2013

Condemnors Say the Darndest Things

In New York, sanctions are rarely imposed on counsel during civil litigation; they are almost never imposed in Condemnation cases, which involve constitutionally protected claims for just compensation. Recently, the frivolous arguments have grown as if on steroids. Established legal principles, logic, and ethics are seemingly abandoned in the hope of influencing the court. Here are two examples from recent cases: In a real estate (fee) claim in which the Claimant presented evidence that there existed a reasonable probability of rezoning, the condemnor argued that the probable rezoning of the… read more

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Posted in Highest and Best Use, Leases, New York, Trade fixtures
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July 18, 2013

Why Lawyers Should Do The Work of Lawyers, and Appraisers Should Do the Work of Appraisers

By: Joshua Rikon and Jamie Sinclair. The Uniform Standards of Professional Appraisal Practice (USPAP) are the generally accepted standards for professional appraisal practice in North America. USPAP contains standards for all types of appraisal services. The standards specifically require that an appraiser perform assignments with impartiality, objectivity, and independence, and without accommodation of personal interests. An appraiser must not perform an assignment with bias; must not advocate the cause or interest of any party or issue;” USPAP 2012-2013 Edition Ethics Rule, p. U-7. The Hon. Wayne P. Saitta recently issued a decision in… read more

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Posted in New York, Recent cases, Trial Preparation
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July 1, 2013

Recent Supreme Court Case: Koontz v St. Johns River Water Management District

Amid many other cases handed down last week, including striking Section 5 of the Voting Rights Act and holding the Defense of Marriage Act unconstitutional, the Supreme Court of the United States also handed down a decision having enormous impact on property owners and the land use agencies that regulate them. The case, Koontz v. St  Johns River Water Management District, involved a landowner of 14.9 acres of property, primarily wetlands, east of Orlando, Florida. The property was purchased in 1972 by Coy Koontz, Sr., who passed away before the litigation… read more

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Posted in Wetlands
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June 25, 2013

Michael Rikon Authors New Article in NYLJ: Discovery in Condemnation and Tax Certiori Proceedings

Michael Rikon has authored a new article that appears in this month’s New York Law Journal, addressing the use of discovery in condemnation and tax certiori proceedings. The article discusses the prominent provisions of the Eminent Domain Procedure Law (“EDPL”) limiting the use of discovery. Sections 101 and 301 of the EDPL require “rules to reduce litigation” and “expeditious effort to justly compensate persons.” The article points out that the “urgency to quickly dispose of condemnation claims is also evidenced by Section 506 of the EDPL, which mandates that the condemnor… read more

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Posted in Uncategorized
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June 19, 2013

Constitution Subcommittee Approves Bill to Protect Private Property Rights

On June 4, 2013, the United States Congressional Subcommittee on the Constitution and Civil Justice approved legislation to prohibit state and local governments that receive federal economic development funds from using eminent domain to transfer private property from one private owner to another for the purpose of economic development. The legislation is named the Private Property Rights Protection Act (H.R. 1944) is available here and is a direct response to the 2005 Supreme Court case Kelo v. City of New London, which gave local governments broad authority to seize private… read more

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Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain Abuse, Future of the law, Legislation
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