Archive | Condemnation


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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On October 2, 2017, the Honorable Bruce E. Tolbert, sitting as a Rockland County Supreme Court Justice, entered a decision and order awarding our clients, The Ray River Co., Inc. and Haverstraw Riverfront, Inc., $8,950,000 plus interest from March 27, 2008.  That is a 56% increment.  Jonathan M. Houghton tried the claim, assisted by Ashley Levi. The Condemnor, Village of Haverstraw, made an advance payment of $1,190,000.  At trial, it introduced an appraisal valuing the 9.7 acres of vacant land on the Hudson River at $2.1 million. The property never… read more

Posted in Condemnation, Wrongful Condemnation
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