Archive | EDPL Section 708

The Condemnation of a Going Concern

Section 708 of the Eminent Domain Procedure Law (“EDPL”) provides that the acquisition of other than real property, the acquisition shall be in the manner and procedure prescribed for the acquisition of real property by the EDPL. The provision is hardly noticed.  There are no cases annotated in McKinney’s Volume 16A.  But there are cases out there for review if you know about them. Matter of Port Auth. Trans-Hudson Corp. (Hudson Rapid Tubes Corp.), 20 NY2d 457 (1967).  In this case, the Port Authority of New York and New Jersey… read more

Posted in Condemnation of Going Concern, EDPL Section 708, Valuation of Going Concern
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It surprises some that eminent domain in New York can be utilized to acquire property interests other than real estate fee title and trade fixtures.  Section 103(F) of the Eminent Domain Procedure Law (EDPL) defines real property as including “all land and improvements, …all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and right, interest, privilege, easement and franchise relating to the same, including terms for years and liens by way of mortgage or otherwise.” Section 708 of the… read more

Posted in EDPL Section 708, Personal Property, Right of First Refusal
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