Archive | Eminent Domain

The doctrine of prior public use prevents a taking.

The doctrine of prior public use prevents a taking in Matter of City of NY  v Yonkers Indus. Dev. Agency, __AD3d__, 2019 NY Slip Op 02087 [2019]. The City of Yonkers sought to acquire property located in Yonkers that was owned by the City of New York and used by the Metropolitan Transportation Authority as a bus depot. The City of Yonkers sought to return the underutilized parcel to productive use in connection with an urban renewal plan. The Appellate Division, Second Department held the taking of the subject parcel… read more

Posted in Challenges to Determination and Findings, Challenging condemnation, Condemnation of Government Property, EDPL 207, EDPL Article 2, Eminent Domain
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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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THE ENTIRE FIRM IS ATTENDING THE EMINENT DOMAIN ALI-CLE CONFERENCE

  Goldstein, Rikon, Rikon & Houghton, P.C. is proud to be a sponsor of this year’s Eminent Domain and Land Valuation Conference to be held on January 25-27, 2018 in Charleston, South Carolina.  Every lawyer in the firm will be in attendance. Jonathan Houghton will be speaking on the Second Avenue Subway valuation issues in transportation corridor construction.  Michael Rikon will speak on cross-examination of experts: Preparation, Mistakes and Getting It Right. The faculty consists of over 50 speakers who are experts in the law of eminent domain from across… read more

Posted in ALI-CLE Conference, Eminent Domain
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“We’re Going to Build a Wall and Mexico is Going to Pay for It” – Not So, You are Going to Pay for It.

The immediate construction of a physical wall between Mexico and America was authorized by Presidential Executive Order on January 25, 2017, but there is no provision for funding from Mexico.  The President is asking congress for $4.1 billion through next year to begin construction of a wall, a project that may cost as much as $25 billion, plus annual repairs. A sea to sea barrier would require control of land along 2,000 miles.  This means that much land would have to be acquired by eminent domain.  As part of the… read more

Posted in Eminent Domain, Gateway Project, Uncategorized, Walls
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IF REAL PROPERTY WAS CONDEMNED FOR A PUBLIC PURPOSE, MAY IT BE CONDEMNED AGAIN FOR ANOTHER USE?

Generally, a property presently used for a public purpose may not be condemned.  See New York, L. & W.R. Co. v Union Steam-Boat Co., 99 NY 12 (1885).  Nor may property owned by a higher sovereign be acquired without consent.  This is known as the prior public use doctrine.  As the New York State Court of Appeals has noted, “[t]o defeat the attainment of an important public purpose to which lands have already been subjected, the legislative intent must unequivocally appear.”  In re City of Buffalo, 68 NY 167, 175… read more

Posted in Condemnation Procedures, Eminent Domain
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