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Archive | Condemnation

July 27, 2021

What Happens to My Mortgage When the Property is Condemned?

A mortgagee upon condemnation of the property is not without resources.  The mortgagee wants to be paid the principal balance on the secured debt. With respect to the mortgage payoff, “It is well established that, 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 (see, In re County of Nassau [Gelb – Siegel], 24 NY2d 621, 626; Copp v Sands Point Marina, 17 NY2d 291, 293; Muldoon v Mid-Bronx Holding Corp., 287… read more

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Posted in Condemnation, Equitable Lien, Mortgage
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June 1, 2021

The Independent Appraiser: Not Just a Pretty Title

In cases involving the issue of valuation of real property, the parties usually turn to an independent appraiser. Generally, this means that the appraiser is free from influence, guidance, or control of another or others.  We know that the appraiser will be somewhat biased in favor of the party who retained the expert.  But the Court will have some confidence that the appraiser will use good judgment and abide by a professional code.  The independent expert is also presumed not to have any conflicts in the assignment. Mostly importantly, the… read more

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Posted in Condemnation, Conflict of Interest, Independent Appraiser
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May 27, 2021

No – You Do Not Get Immediate Possession

Some condemnation counsel believe that once their client obtains title that the condemnor can move on and possess the subject property.  Not so.  Vesting title is prescribed by Section 402 of the Eminent Domain Procedure Law. Most condemnations will be controlled by Subdivision B and take place in the Supreme Court.  The law sets strict requirements as to the necessary documents to be filed with a petition to condemn along with absolute time requirements for service. After fully complying with all statutory requirements, a Supreme Court Justice will sign an… read more

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Posted in Condemnation, Possession, Title vesting
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May 11, 2021

When A Park Just Isn’t A Park

We represent Brinkmann Hardware Corp. which owns a wooded lot in Mattituck, Suffolk County.  The family-owned business operates four hardware stores across Long Island.  The Town of Southold has used every trick to prevent the construction of the Mattituck hardware store, including imposing a nonsense moratorium. Southold lost every round in Court, so what does it do when it cannot stop construction, authorize condemning the land. The Institute for Justice filed suit in Federal District Court to stop the condemnation alleging a violation of due process and the Fifth Amendment. … read more

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Posted in Condemnation, Park, Public Purpose, Public Use, Uncategorized
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May 6, 2021

The Condemnor’s Burden to Demonstrate “But For” To Apply The Project Influence Rule

The Third Department got it right in Matter of State of New York v KKS Properties, LLC, 119 AD3d 1033, (July 3, 2014).  KKS Properties, LLC is one of those 1033decisions that make you cringe.  An award on an appropriation claim in the Court of Claims which is lower than the advance payment resulting in a judgment in favor of the State is an outrageous outcome for a compulsory taking of one’s property.  We have often advocated that there must be a minimum of “just compensation.”  A condemnor is required… read more

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Posted in Condemnation, Project Influence Rule, Severance Damages
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