Archive | Inverse Condemnation

New York Law Journal: Inverse Condemnation or De Facto Taking – What’s in the Name?

Michael Rikon authored a column in the February 23, 2016, edition of the New York Law Journal titled, “Inverse Condemnation or De Facto Taking: What’s in the Name?  In his article, Mr. Rikon discusses the difference between inverse condemnations and de facto takings, and that courts err in interchangeably using these terms. Mr. Rikon reviews the four different categories of inverse condemnations, also known as regulatory takings.  Mr. Rikon covers Lingle v. Chevron U.S.A., 544 U.S. 528 (2005), United States v. Causby, 328 U.S. 256 (1946), Lucas v. South Carolina… read more

Posted in Eminent Domain, Inverse Condemnation, Regulatory Taking, Uncategorized, Wetlands
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Blue Island Development, LLC v Town of Hempstead, An Inverse Condemnation

The Appellate Division, Second Department handed down the Blue Island decision on August 12, 2015 (2015 NY Slip Op 06488). The decision can be read by clicking here: Blue Is. Dev., LLC v Town of Hempstead. The decision sets forth an interesting case dealing with a taking claim which arose because of the imposition of a restrictive covenant upon the granting of a zoning change. Blue Island Development acquired a parcel of land which had been used as an oil storage facility. It intended to remediate the environmental contamination and… read more

Posted in Eminent Domain, Inverse Condemnation, Zoning
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