Archive | Condemnation

An 800-Megawatt Surprise – Destroying a Community

One of the nice things about writing a blog is that your readers send you ideas for your next article.  This one is a doozey. There is an 800-megawatt hydroelectric project for New York which is proposed by Premium Energy Holdings of California.  The proposal calls for the Ashokan Reservoir water and its existing dam to be used as a lower reservoir in a pumped storage power plant facility. The project’s preliminary permit application is before the Federal Energy Regulatory Commission. The reservoir proposal has been called “devastating.”  Local officials,… read more

Posted in Condemnation, FERC, Hydroelectric Power Plant, Reservoir
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What Happens to Title of Real Estate Upon Condemnation?

Upon the vesting of title in a condemnation proceeding, all lien interests in the subject property by virtue of mortgages, unpaid taxes, or unsatisfied judgments are extinguished.  However, substituted in their place are equitable liens against the condemnation award to the extent of each lien and interest as of the date title vested.  County of Rockland v Kohl Industrial Park Co., 172 AD2d 607 (2d Dept 1991). There is, however, one lien which has a super priority.  The attorney who created the fund by litigation the condemnation claim has not… read more

Posted in Attorney's Charging Lien, Condemnation, Equitable Ownership, Title
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Never Be Bound by What the Condemnor Declares in a Taking

We witness more and more State appropriations where the NYDOT declares on its appropriation map that the taking is “Temporary.”  Yet, after the filing of the map and ergo the appropriation, the State alters the land in such a way that it is severely damaged.  The new roadway may limit access onto the remainder; it may reduce parking, or otherwise permanently physically alter the property. The scope of an easement is generally determined by the four corners of the taking documents themselves.  LIRR v LILCO, 64 NY2d 1088, 1089 (1985). … read more

Posted in Condemnation, Easements, Loss of Access, Partial Takings
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How Do I Get to The Beach?

The Hawaii Tribune Herald reported that the Hawaii County Council passed a resolution to take a portion of Papaikou property through eminent domain in order to provide public access to Mill Beach. An earlier attempt to condemn the access was dismissed on technical grounds. Hawaii law guarantees public access to the ocean and shorelines.  The owners will challenge the case. Beach access is a subject we follow closely.  I represent the Town of East Hampton as Special Counsel.  We are awaiting the decision of the Appellate Division, Second Department in… read more

Posted in Beach Access, Condemnation, Title to Beach
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Tax Assessments on Property Condemned – What, Me Worry?

One of the nice things of being a member of the Owners’ Counsel of America (OCA) is that you can ask for help or ideas regarding your condemnation case.  Today Paul G. Henry, Esq., the member from Missouri posed the question about a case he has where the owners protested their property taxes. Various members weighed in with their thoughts.  Howard Roston, Esq. from Minnesota commented that if the dates of valuation are close and the property is in the same condition for both appraisals, the courts will let this… read more

Posted in Admissibility, Condemnation, Owners' Counsel of America, Tax Assessment
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