Archive | Condemnation Procedures

NYLJ Article, “The Court’s Duty in a Condemnation Case”

Partners Michael Rikon & Jonathan Houghton recently authored an article in the New York Law Journal titled “The Court’s Duty in a Condemnation Case.” The article discusses a recent decision by the Appellate Division, Second Department, affirming an order of the Kings County Supreme Court Justice Wayne Saitta which granted a motion for leave to exchange amended appraisal reports and vacate the Note of Issue filed by the condemnor. The motion followed the review of both sides’ appraisals prior to trial. The trial court reviewed the appraisals that the parties intended to… read more

Posted in Condemnation Procedures, Eminent Domain, Highest and Best Use, New York, Published Articles, Recent cases, Trial Preparation
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Just Compensation? Not if We Can Help It

A business may be firmly rooted in a neighborhood. It might be quite successful and profitable. It could be a family enterprise which has had multi-generational owners and workers. Then comes that fateful day when the property is included in a condemnation proceeding; a forced sale which was hardly solicited. Years of goodwill go out the window, for goodwill is not compensable in New York, or most other states. Then comes the inevitable eviction to obtain vacant possession of the premises. Most established businesses will find it a challenge to… read more

Posted in Condemnation Procedures, Leases, New York, Offer & Compensation, Trade fixtures
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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

Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain Abuse, Future of the law, Legislation
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Willets Point Held Entitled to Reimbursement of Legal and Expert Fees

By: Michael Rikon and Jamie Sinclair As a result of a decision by the Honorable Jaime A. Rios of Supreme Court, Queens County, dated April 25, 2013, Willets Point was awarded the reimbursement of attorneys fees and expenses against the City. The EDPL authorizes, in the event that a procedure to acquire property is abandoned (or a court determines the condemnor was not legally authorized to acquire the property), the reimbursement for a condemnee’s actual and necessary costs, disbursements, and expenses (including attorney fees, appraisal fees, engineering fees, and other… read more

Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain, New York, Recent cases
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Basics of Property Valuation in Condemnation Proceedings

The rule that real property is valued at its highest and best use free and clear of leases, mortgages or other encumbrances regardless of actual use is so fundamental that almost every eminent domain decision begins with a recitation of it. Firstly, the act of condemnation extinguishes any interest on the property. In 1931, the Court of Appeals wrote,  In Matter of City of New York (Allen Street), “the City pays for what it takes and nothing else.  By such taking it extinguishes all existing rights and interests in the property taken.” … read more

Posted in Condemnation Procedures, Eminent Domain, Highest and Best Use, Leases, New York, Offer & Compensation, Recent cases, Zoning
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