Archive | Easements

SHAME ON YOU SUFFOLK COUNTY: THE ATTEMPT TO STEAL JUST COMPENSATION

          I recently tried a claim which involved the taking of an easement on a beach front property.  The taking was to build a protective dune on Fire Island.           The dune was part of a federally funded program developed after Hurricane Sandy.  The County claimed that the dune was a special benefit to the property.  Let’s define the terms:           Nichols on Eminent Domain, Third Ed., Sec. 8A.04(2) provides, “General benefits are those benefits which result from the fulfilment of the public project which necessitated the taking and are… read more

Posted in Easements, Partial Takings, Special Benefit, Uncategorized
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HOW DO WE GET TO THE BEACH?

Our Hawaiian friend, Robert T. Thomas, brought an Eleventh Circuit Court of Appeals decision to our attention.  The case, Chmielewski v The City of St. Pete Beach, was decided on May 16, 2018.  Robert writes an excellent blog, inversecondemnation.com.  The blog must be considered mandatory reading for anyone interested in eminent domain. In the Chmielewski case, the Court affirmed a jury verdict in favor of a property owner who asserted that the City’s invitation to the public to access the beach by way of the owner’s privately-owned land was a… read more

Posted in Beach Access, Easements, Title
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THAT PERMANENT EASEMENT IS REALLY A FEE TAKING IN DISGUISE

Often the State of New York will appropriate property for a highway project by utilizing three different types of takings, full fee takings, temporary easements and permanent easements.  Some appropriation maps will indicate all three types of takings.  The fee taking is valued on all damages which result, direct and any severance or consequential damages to the remainder. The temporary easement is valued at a rental value plus imputed expenses such as real estate taxes.  In addition, if the continued existence of the temporary easement causes damage to the remainder,… read more

Posted in Easements, Partial Takings
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