Temporary easements are commonly taken by the State for highway work and by the Metropolitan Transportation Authority for railroad improvement. Often the temporary easement is taken in conjunction with permanent easements. Sometimes they are labeled otherwise. But if there is a court order granting the right to enter private property and occupy the property for a period of time, it is a taking under New York Law. While a condemnor has the right of entry prior to acquisition, this is for the purpose of investigation. New York’s Eminent Domain Procedure… read more
March 8, 2017