Archive | Just Compensation

No Soup for You – Colorado Supreme Court Refuses Compensation for Taking of Restrictive Covenant

The Town of Monument condemned a privately owned lot in a residential subdivision for the purpose of locating a water storage tank.  The lot was subject to a restrictive covenant requiring that it remain residential in use and that only a single-family home could be built on it.  Restrictive covenants are not unusual and are common in the development of planned unit communities.  Restrictive covenants have significant and substantial impact on the use and value of property. In response to the Town’s condemnation proceeding, dozens of property owners in the… read more

Posted in Compensation, Easements, Just Compensation, Restrictive Covenants
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          We recently took over some files that pertained to takings by the County of Suffolk.  The prior attorney inserted a dollar amount in the filed claim.  Later, upon the preparation of the pre-trial order, the condemnor’s counsel objected to the insertion of a higher amount which matched appraised damages.  Former counsel stated that he inserted an amount into the claim merely as a placeholder until an appraisal was completed.           Eminent Domain Procedure Law (“EDPL”) § 504 specifies the information that should be included in a claim.  It does… read more

Posted in Condemnation Claims, Just Compensation, There can be no limit to Just Compensation, Uncategorized
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          Just when you thought you heard it all, up comes a new, ridiculous statement by a condemnor.           I was in court yesterday before a judge who was trying his best to settle a claim for the partial taking of an apartment building and two stores.  I was not sanguine of a favorable result based on the spread of damages.  The property was very valuable on Third Avenue in Manhattan.  In the course of discussions, the MTA attorneys told the judge that “we already paid out more than $5… read more

Posted in Advance Payments, Just Compensation, Uncategorized
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SOMETHING IS ROTTEN IN THE COUNTY OF ROCKLAND: The corrupt process of exercising the awesome power of eminent domain.

          Recently, the Second Department affirmed an additional allowance pursuant to EDPL Sec. 701 to the extent of awarding $233,391.46.  Matter of Village of Spring Valley (Little Angel Day Care Center, Inc.).  Joshua H. Rikon tried the trade fixture claim and argued the appeal.           The Village, as it has in past cases, offered a low-ball appraisal and paid an advance payment of $90,960.           The trial court awarded $469,114 as just compensation.  The award was previously affirmed and claimant thereafter moved for the additional allowance.  Little Angel was fully… read more

Posted in Bad Faith, Just Compensation, Mendacious Argument, Uncategorized
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The right of an owner to just compensation for property taken by eminent domain is one guaranteed by the federal and state constitutions.  (Federal Constitution, Fourteenth Amendment; NY Constitution, Art. 1, Subd. 7).  The constitutional requirement of “just compensation” mandates that the property owner be indemnified so that he may be put in the same relative position, insofar as this is possible, as if the taking had not occurred.  City of Buffalo v J.W. Clement Co., Inc., 28 NY2d 241 258 (1971); Rose v State of New York, 24 NY2d… read more

Posted in Just Compensation, Permanent Easement
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