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Archive | Condemnation

November 10, 2020

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

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Posted in Beach Access, Condemnation, Title to Beach
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November 5, 2020

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

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Posted in Admissibility, Condemnation, Owners' Counsel of America, Tax Assessment
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June 24, 2020

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

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Posted in Border Wall, Condemnation
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May 9, 2019

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

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Posted in Condemnation, parklands, Public Trust Doctrine, Uncategorized
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December 19, 2018

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

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Posted in Burden of Proof, Condemnation, Inverse Condemnation
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