Archive | Eminent Domain

The court has the constitutional mandate to determine just compensation

The Appellate Division, Second Department in Matter of Staten Is. Bluebelt Phase 2 v City of New York, 2013 NY Slip Op 5532, recently affirmed a trial court order (Saitta, J), which granted a motion to exchange amended appraisal reports because the appraisal reports that were filed “appeared to be deficient.” The appellate court cited Yaphank Dev. Co. v County of Suffolk, 203 AD2d 280, 282 and explained that the court has a constitutional mandate to give just and fair compensation for any property taken. It explained that the order… read more

Posted in Eminent Domain, Offer & Compensation, Recent cases
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Mortgages- We Don’t Care About No Stinking Contracts

I once wrote that there is a legal aphorism in criminal law that a good prosecutor could indict a ham sandwich. If this is so, in an eminent domain proceeding, an average condemnor could condemn a kasha knish. The public purpose which is supposed to be a required element by our Fifth Amendment really doesn’t apply. See Kelo v. City of New London, 545 U.S.469 (2005). So it is hardly surprising that some governmental ninnies would think that in order to help its underwriter homeowner citizens, it would condemn their… read more

Posted in Eminent Domain, Eminent Domain Abuse, Future of the law, Legislation, Mortgage seizures
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How to Locate the Best Condemnation Attorney

Attorney Advertising By:  Michael Rikon You say your cattle ranch in Montana is about to be taken in an eminent domain proceeding for a wind energy development project? What now? Should you call upon a lawyer who advertises on Google, or locate the best condemnation lawyer in that state? We think the latter. Condemnation cases are unique to each state’s law. You need an experienced trial lawyer who has the ability to hit the road running. Otherwise, you are looking for trouble. Condemnation judgments are rarely modified on appeal. As… read more

Posted in Eminent Domain, New York
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Willets Point Held Entitled to Reimbursement of Legal and Expert Fees

By: Michael Rikon and Jamie Sinclair As a result of a decision by the Honorable Jaime A. Rios of Supreme Court, Queens County, dated April 25, 2013, Willets Point was awarded the reimbursement of attorneys fees and expenses against the City. The EDPL authorizes, in the event that a procedure to acquire property is abandoned (or a court determines the condemnor was not legally authorized to acquire the property), the reimbursement for a condemnee’s actual and necessary costs, disbursements, and expenses (including attorney fees, appraisal fees, engineering fees, and other… read more

Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain, New York, Recent cases
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