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Archive | Eminent Domain

June 5, 2014

California Court of Appeals Holds Entry Statute Unconstitutional

In a recent case, Property Reserve, Inc. v Superior Court, 224 Cal.App.4th 828 (2014), the Third District California Court of Appeal ruled that entry statutes are unconstitutional when the activities for which the entry is sought constitute an intentional taking of property without the full protections afforded by a condemnation action. More specifically, the Court ruled that the pre-entry condemnation statutes, (found in Code of Civil Procedure sections 1245.010 et seq.) violate the takings provisions of article I, section 19 of the California Constitution. These entry statutes were enacted in 1976 and… read more

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Posted in Challenging condemnation, Eminent Domain, Eminent Domain Abuse, Future of the law, Recent cases
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May 22, 2014

Appellate Division Second Department Renders Important Decision in Mazur Brothers

The Appellate Division, Second Department, handed down a decision on May 21, 2014, effectively ending 8 years of litigation and awarding compensation to the Claimants, Mazur Brothers Realty, LLC. Mazur Brothers Realty LLC were the fee owner of property located at 80 Lake Street and 90 Lake Street, White Plains, New York. Mazur Brothers, Inc., was the tenant at both properties and operated a well-known furniture business on the premises prior to title vesting. The property was taken in connection with a project to improve the Cross Westchester Expressway. Litigation… read more

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Posted in Eminent Domain, New York, Offer & Compensation, Recent cases, Trade fixtures
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May 15, 2014

Recent Decision Values Atlantic Yards Property at 9 Million

Recent Decision Values Atlantic Yards Property at 9 Million Goldstein, Rikon, Rikon & Houghton recently received a decision awarding one of its clients $9,186,000, plus interest, for damages resulting from a fee taking which occurred on March 1, 2010 in connection with the Atlantic Yards development project. The property consisted of a 20,738 square foot lot, with frontage on Atlantic Avenue and a rear lot adjoining the Long Island Railroad tracks. The property was zoned M1-1 and was vacant at the time of title vesting. The case was tried by… read more

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Posted in Eminent Domain, Highest and Best Use, New York, Recent cases
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April 23, 2014

Michael Rikon Authors NYLJ Article: “More on Discovery of Prior Appraisals”

Michael Rikon recently authored an article in the New York Law Journal discussing the use of prior appraisals in eminent domain litigation proceedings. In the article, Mr. Rikon explains under Eminent Domain Procedure Law section 303, the condemning authority must authorize an advance payment based on its highest approved appraisal. However, often times at trial, the condemnor will introduce a subsequent appraisal at a lower amount, exposing the claimants  to a potential judgment if the trial court accepts the state’s appraisal as the fair market value on title vesting date…. read more

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Posted in Condemnation Procedures, Eminent Domain, New York, Offer & Compensation, Published Articles
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April 18, 2014

Village of Haverstraw Trial in the News

The LOHUD journal has published an article discussing an abominable case of eminent domain abuse, which our firm is handling. The Condemnor is the Village of Haverstraw, and they have introduced a trial appraisal lower than the advance payment, potentially putting our clients in the position of having to produce a refund to the Village Condemnor. Gideon Kranner is quoted in the article as saying this strategy is called “sandbagging” and that it is a coercive technique that, unfortunately, many condemnation lawyers are accustomed to. The article can be read… read more

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Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, New York
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