Archive | Advance Payments

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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What to Do When You’re a Homeowner Threatened with Eminent Domain

The U.S. News Real Estate Section published an article on March 30, 2016, titled, What to Do When You’re a Homeowner Threatened with Eminent Domain. The article lists some guidelines to protect yourself and your property. Number one is to consult an attorney “as soon as you hear your property could potentially be taken for public use, which could come to you in the form of a mailed letter, in-person notice or phone call, depending on the government planning to take the property and its practices. Eminent domain is difficult,… read more

Posted in Advance Payments, Challenging condemnation, Eminent Domain, Lawyers
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2015 – Another Successful Year for Goldstein, Rikon, Rikon & Houghton, P.C.

As Justice Thomas A. Dickerson stated, in Matter of Irvington v Sokolik, 13 Misc3d 1220 [Sup. Ct. West 2006], “a condemnation proceeding is not a private litigation.  There is a constitutional mandate upon the court to give just and fair compensation for property taken.  This means just to the claimant and just to the people who are required to pay for it.”  Yaphank Development Co., Inc. v County of Suffolk, 203 AD2d 280, 609 NYS2d 346 [2d Dept 1994]. Notwithstanding the requirement of just compensation, Condemnors have consistently made low… read more

Posted in Advance Payments, Eminent Domain, Trade fixtures
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