Archive | Judicial view

“Property Rights as Defined and Protected by International Courts”

The following is an excerpt of a paper presented by Michael Rikon, “Property Rights as Defined and Protected by International Courts,” which was presented at 2015 Brigham-Kanner Property Rights Conference, The Hague, Netherlands, on October 21, 2015. The right of an individual to own property may be traced to the French Revolution and the United States Bill of Rights.  As American Lawyers, we assume, not only the right to own property, but the right to compensation if that property is taken by the government.  That process is known as eminent… read more

Posted in International Courts, Judicial view, Lawyers
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New York’s Judicial View

New York is one of three states in the Union that does not provide for jury trials in eminent domain cases. All of our trials are by the court. But New York’s Eminent Domain Procedure Law does provide a very important provision: the judicial view. Section 510 of the EDPL states: (A) The trial court shall view the property in all claims, unless waived by stipulation of the parties. The parties to the suit or claim, may attend the viewing by the court at a time scheduled by the court…. read more

Posted in Eminent Domain, Judicial view, New York
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