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Archive | Appraisal

August 17, 2018

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

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Posted in Advance Payments, Appraisal, Sandbagging
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April 24, 2018

WHAT A JUDGE SHOULD DO IF THE APPRAISAL IS DEFECTIVE

In a recent case, the appraisal prepared by Claimant specifically set forth a complete narrative of how the damages to the property occurred together with an analysis and calculations. The appraisal further calculated the before and after results following the takings. An appraisal is not the substitute for witnesses’ testimony. Case law emphatically holds than an appraisal is not the substitute for an expert’s direct testimony. The appraisal report is not in itself evidence; its function is to enable adequate and intelligent preparations of the issues for trial and to… read more

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Posted in Appraisal, Defective Appraisal, Evidence
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October 11, 2017

SHOULD YOU MOVE FOR SUMMARY JUDGMENT OR IN LIMINE?

Many lawyers believe that their opponents’ appraisal is so weak that a motion for summary judgment will bring them instant victory.  The idea is usually not worth the effort for it is rare that summary judgment is appropriate in an eminent domain case. An appraisal presents a pure factual presentation of data and information utilized by an expert to conclude to an opinion of value.  In New York State, an appraisal is required to be exchanged and filed pursuant to Court Rule.  22 NYCRR § 202.61.  See Miriam Osborn Memorial… read more

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Posted in Appraisal, Due Process, In Limine, Just Compensation, Summary Judgment
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July 31, 2017

WHEN A JUDGE DOESN’T GET IT

New York is one of three states in the union that does not provide for jury trials in condemnation matters.  Not only that, but there is a designated justice who is assigned to hear condemnation cases in every county.  Many of our out of state colleagues who practice eminent domain law find that having the same judge is almost as incredible as not having a jury. Most of the time, the judges assigned to the condemnation part are interested in the subject and become experts in the law.  Some courts… read more

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Posted in Appraisal, Appraisal Rule, Date of Valuation, Summary Judgment
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