Archive | Condemnation

Border Wars Trump Style

The U.S. has actively been pursuing the wall between the United States and Mexico.  And, no, Mexico is not paying for it.  Since the month of March, the government has filed 24 new condemnation cases to acquire private property from South Texas landowners which is more than were filed in the preceding eight months.  All this despite the pandemic. There are currently 657 miles of primary barriers and 50 miles of secondary barriers along the 2000-mile border. Remember that the vast majority of the barriers were constructed prior to the… read more

Posted in Border Wall, Condemnation
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LITIGATING THE PUBLIC TRUST DOCTRINE IN NEW YORK. A PARK IS A PARK UNLESS IT’S NOT.

          New York’s highest court, the Court of Appeals, decided Matter of Glick v Harvey.[1]  The appeals court affirmed the reversal of a lower court order which enjoined New York University from beginning any construction in connection with its expansion project that would result in any alienation of three parcels of land found by the Court to be public parkland, unless and until the State Legislature authorizes the alienation of any parkland to be impacted by the project.  The decision itself provides very little factual information.  According to an article… read more

Posted in Condemnation, parklands, Public Trust Doctrine, Uncategorized
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IT’S TIME TO PUT AN END TO THE BIAS IN FAVOR OF CONDEMNORS

We recently read a decision from the Court of Claims where the following statement is found “… all considered with the understanding that the burden of proof is establishing an entitlement to substantial compensation rests with claimant (see Andrews v State of New York, 137 AD2d 952, 953 (3d Dept).” Cardinal Development Properties, Ltd. v The State of New York, Claim No. 120333, Decision Filed December 18, 2018, J. Hudson. Why would a Court of Claims Judge believe that this is true in a de jure appropriation? In other words,… read more

Posted in Burden of Proof, Condemnation, Inverse Condemnation
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THINKING ABOUT CHALLENGING A CONDEMNATION IN NEW YORK? – GOOD LUCK!

Authorizing and Challenging the Condemnation Article 2 of New York’s Eminent Domain Procedure Law sets forth the prescribed way that property is to be acquired by eminent domain.  EDPL Section 201 provides that there must be public hearings for both state and non-state takings at a location reasonably proximate to the property. It is essential that notice be given by publication and by personal service or certified mail, return receipt requested, to each assessment record billing owner or his or her attorney of record, as required by Section 202. The… read more

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Is the acquisition of private property for affordable housing a public use?

New York City Mayor Bill de Blasio announced plans to acquire privately owned residential buildings and convert them into affordable housing in an effort to reduce the City’s homeless problem. The City is currently paying property owners to house homeless people in apartments in the buildings that the City wants to acquire. The City’s plan is to acquire the buildings and transfer them to nonprofit companies that will convert all of the apartments in the buildings into affordable units. The homeless people will stay in the affordable units. If the… read more

Posted in Condemnation, Eminent Domain, Public Purpose
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