Archive | Advance Payments

MONKEY BUSINESS WITH THE ADVANCE PAYMENT

          New York’s Eminent Domain Procedure Law (EDPL) provides that a condemnor must make an advance payment to a former owner in the amount of its highest approved appraisal.  (EDPL Sec. 304).           The statute contemplated payment of the advance payment to the owner except in three circumstances: (1) Where there is a potential conflict of title or dispute as to who is entitled to receive the payment; (2) where more than 90 days have passed following vesting of title in the condemnor and an agreement has not been reached;… read more

Posted in Advance Payment Agreement, Advance Payments, Distribution Proceeding, Uncategorized
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THANK YOU VERY MUCH FOR MY JUST COMPENSATION

          Just when you thought you heard it all, up comes a new, ridiculous statement by a condemnor.           I was in court yesterday before a judge who was trying his best to settle a claim for the partial taking of an apartment building and two stores.  I was not sanguine of a favorable result based on the spread of damages.  The property was very valuable on Third Avenue in Manhattan.  In the course of discussions, the MTA attorneys told the judge that “we already paid out more than $5… read more

Posted in Advance Payments, Just Compensation, Uncategorized
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PAYMENT OF AN ADVANCE PAYMENT: THE NEW YORK RULE

          On May 28, 2019, the United States Supreme Court declined to grant certiorari to review a case which arose out of southeast Pennsylvania.  The 72-acre parcel was owned by Gary and Michelle Erb who intended to build their residence and also have their sons build homes on the land as well.  But the Erbs’ dream was destroyed when the Transcontinental Gas Pipe Line Company (Transco) applied to the Federal Energy Regulatory Commission (FERC) for authorization to build its Atlantic Sunrise Project – a natural gas pipeline running through Pennsylvania,… read more

Posted in Advance Payments, Pipeline Takings, Uncategorized
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WE DON’T WANT TO PAY NO STINKING INTEREST – THE STATE OF NEW YORK’S CONTINUED BAD FAITH IN COMPLIANCE WITH THE LAW

Jonathan Houghton recently won two appeals in the Second Department. Matter of Sagres 9, LLC v State of New York, 2018 NY Slip Op. 05932 and 05933 (2d Dept. August 29, 2018). The appeals concerned the failure of the State to pay statutory interest at 9%.  In the two different appropriations, the State deposited advance payments with no notice or explanation to Claimant.  There was absolutely no reason for the deposits.  In fact, the improper deposit with the Comptroller into its eminent domain accounts, pursuant to State Finance Law Sec…. read more

Posted in Advance Payments, interest, Just Compensation, State Finance Law Sec. 97-dd
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SANDBAGGING, A PRACTICE THAT MUST STOP

My column for the August 28, 2018 issue of the New York Law Journal, “The New York State Legislature Should Revise the EDPL” contains many suggestions for revisions of the law.  One suggested change addresses the practice employed by condemning authorities commonly known as “sandbagging.” Eminent Domain Procedure Law § 304 addresses the concept of advance payment.  As the statute states, the condemnee may elect to accept such offer as an advance payment and such election shall in no way prejudice the right of a condemnee to claim additional compensation. … read more

Posted in Advance Payments, Appraisal, Sandbagging
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