July 10, 2019
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
April 22, 2019
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
October 23, 2018
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
September 7, 2018
Jonathan Houghton recently won two appeals in the Second Department. Matter of Sagres 9, LLC v State of New York, 2018 NY Slip Op. 05932 and 05933 (2d Dept. August 29, 2018). The appeals concerned the failure of the State to pay statutory interest at 9%. In the two different appropriations, the State deposited advance payments with no notice or explanation to Claimant. There was absolutely no reason for the deposits. In fact, the improper deposit with the Comptroller into its eminent domain accounts, pursuant to State Finance Law Sec…. read more
August 20, 2018
New York’s Eminent Domain Procedure Law (EDPL) provides that the Supreme Court shall have exclusive jurisdiction to determine all claims from the acquisition of real property and hear such claims without a jury or without referral to a referee or commissioners. EDPL § 501(B). If the property is acquired by the State, the claim will be litigated in the Court of Claims. EDPL § 501(A). All claims in the Court of Claims are tried by a Court of Claims Judge without a jury. In United States v 243.22 Acres of… read more
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