Navigation

Archive | Eminent Domain

February 3, 2015

Could New York City’s Requirement to Build Affordable Housing Effect a Taking?

New York City Mayor Bill de Blasio has pledged to create or preserve 200,000 affordable units of housing in the next decade.  Among the several proposals being considered, one idea is to amend or remove a controversial real estate tax abatement available under section 421-a of the Rent Act of 2011.  The abatement gives developers a property tax break, in decreasing amounts, over a 25 year period.  The statutory authority for abatement expires this Spring.  In certain neighborhoods in the City, developers must set aside a percentage of units which… read more

By
Posted in Economy, Eminent Domain, New York, Published Articles, Real Estate, tax abatement, Zoning
Read more > 0

December 23, 2014

596 Acres Exhibit Explores Urban Renewal Plans & Eminent Domain Use

Michael Rikon will be leading a discussion of the law of eminent domain at the Queens Museum on January 18, 2015. The program is part of an exhibit organized by 596 acres that will examine all 155+ urban renewal plans adopted by the City. New York City began to adopt “urban renewal plans” in 1949 to get federal funding to acquire land, relocate the people living there, demolish the structures and make way for new public and private development. The legacy of these neighborhood master plans remains active across the… read more

By
Posted in Continuing Legal Education, Eminent Domain, Speaking Appearances
Read more > 0

November 26, 2014

Appellate Division Affirms $4.3 Million Award in Metro North Brewster Station Taking

Last Wednesday the Appellate Division, Second Department decided Matter of Metropolitan Transportation Authority, Etc. v. Longridge Associates, LP (Index No. 1877/03) and affirmed the lower court’s judgment, with costs. The lower court (LaCava, J.) rendered a decision on December 4, 2012 awarding Claimants $4,375,000. The subject property consisted of 52 acres of vacant land in Putnam County New York. The property was taken by the MTA as part of the Metro North Railroad’s (MNRR) Brewster North Station and Commuter Parking Lot Expansion Project. More specifically, the acquisition was intended for… read more

By
Posted in Eminent Domain, Highest and Best Use, New York, Recent cases, Wetlands
Read more > 0

November 20, 2014

Appellate Division Affirms 75% Increment Applicable to Wetlands Taking

Yesterday the Appellate Division, Second Department decided In re Matter of New Creek Bluebelt, Phase 4. Lawrence N. Paolella, et al., v. City of New York, in which it affirmed the findings of Supreme Court, Richmond County (Saitta, J.). The lower ruled that there was a reasonable probability that the imposition of wetlands regulations on the subject property constituted a regulatory taking and applied a 75% increment in calculating the final condemnation award of $810,000. For the Claimants, the award represents a 338% increase over the City’s valuation of $185,000. The… read more

By
Posted in Eminent Domain, New York, Recent cases, Wetlands
Read more > 0

October 24, 2014

Appellate Division Refuses to Pierce Corporate Veil in Long Island City Taking

The Appellate Division, Second Department recently reversed an order of the Supreme Court, Queens County (Rios, J.) entered October 16, 2012 which granted the Condemnor’s motion for summary judgment dismissing the claim of Tennisport, Inc. for the taking of its trade fixtures, and additionally directed that an advance payment made to Tennisport be set off against the award for the compensation for the taking of the fee. In reversing, the Appellate Division held that the fee and fixture claims were made by separate and distinct legitimate corporations, and refused to… read more

By
Posted in Eminent Domain, Highest and Best Use, New York, Offer & Compensation, Trade fixtures
Read more > 0