Archive | Just Compensation

South Grand View Development – A Regulatory Taking Case

Eric Bregman, Esq. (, a prominent land use attorney in Long Island’s East End, sent me the decision handed down by the Eleventh Circuit on June 21, 2021, South Grand View Development Company, Inc. v City of Alabaster, Alabama 1F. 4th 1299. The facts are relatively simple.  The plaintiff purchased 547 acres of land in the City of Alabaster for $1.65 million.  The masterplan for development was submitted to and approved by the City.  Most of the development was completed by 2008 but the 142-acre portion of land at issue,… read more

Posted in Due Process, Just Compensation, Re-zonings
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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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