Archive | Eminent Domain Abuse

No Choo-Choo for Only One Person

Sparta, Georgia land owners have teamed up with the Institute for Justice to challenge a private railroad’s attempt to take their land by eminent domain for a rail spur that would benefit one private business. The Institute’s web page provides detailed information of the case, and we quote their release here: A private railroad company does not get to exercise the government’s power of eminent domain for the benefit of a private business. But in one small town in Georgia, that’s exactly what a railroad company is attempting to do…. read more

Posted in Eminent Domain, Eminent Domain Abuse, Railroad Takings
Read more > 0

Staten Island Real Estate Developer Talk

On January 13, 2016, Michael Rikon gave a roundtable luncheon speech to some of Staten Island’s most prominent real estate developers about New York City’s (“City”) storm water program for Staten Island and how the City chose to condemn wetlands instead of constructing storm sewer lines. The storm water program, the “Bluebelt,” encompasses 16 watersheds and approximately 12,000 acres.  Once the City chose a wetland parcel to condemn, the New York State Department of Environmental Conservation would not issue a wetland permit for that parcel. Mr. Rikon discussed the City’s… read more

Posted in Eminent Domain, Eminent Domain Abuse, New York, Regulatory Taking, Speaking Appearances, Wetlands
Read more > 0

Supreme Court of Florida Provides Reminder that Condemnor Must Pay Attorneys’ Fees as Just Compensation for its Excessive Litigation

We often discuss that attorneys’ fees are a necessary component of constitutional just compensation, especially when the condemnor excessively litigates, delays, and attempts to prevent the property owner from obtaining just compensation.  See New York Eminent Domain Procedure Law (“EDPL”) § 701; see also General Crushed Stone Co. v. State of New York, 93 N.Y.2d 23 (1999); Hakes v. State of New York, 81 N.Y.2d 392 (1993). On November 5, 2015, Florida’s highest court reiterated this fundamental necessity and held that “when a condemning authority engages in tactics that cause… read more

Posted in Additional Allowances, Eminent Domain Abuse
Read more > 0

EDPL SECTION 701: WHAT IS THE BASE FOR COMPARISON?

New York’s statute allowing reimbursement for legal and appraisal fees in eminent domain proceedings is Section 701 of the Eminent Domain Procedure Law.  The statute provides as follows: In instances where the order or award is substantially in excess of the amount of the condemnor’s proof and where deemed necessary by the court for the condemnee to achieve just and adequate compensation, the court, upon application notice, and opportunity for hearing, may in its discretion, award to the condemnee an additional amount, separately computed and stated, for actual and necessary… read more

Posted in Additional Allowances, Eminent Domain Abuse
Read more > 0

Taking Your Property for Extractable Gas

A news story published September 8, 2015 in the Martinsville Daily reports the progress of a bill working its way through the West Virginia Legislature. The new law will allow the use of eminent domain to capture the northern gas fields of West Virginia which are currently owned by private citizens. It will compel forced pooling. The fields have extractable gas 6,000 feet under the surface. If the bill becomes law, the government could eventually take the property. Currently, West Virginia State Law precludes gas companies from drilling wells if… read more

Posted in Eminent Domain, Eminent Domain Abuse, Energy, Hydrofracking
Read more > 0