Archive | Partial Takings

Prior Takings as Creating Collateral Estoppel – Not So Fast!

What happens when property was condemned and the condemnor raises its ugly head to condemn again at a later time?  It happened once upon a time in Queens.  In 1979, the Metropolitan Transit Authority (MTA) acquired an easement for the purpose of routing a New York City Subway tunnel through a portion of 26-29 Northern Boulevard, Long Island City.  The parcel was vacant land and consisted of 130,293 square feet.  The property was owned by Peerless Weighing and Vending Machine Corp.  Now, a separate blog can be written about Peerless. … read more

Posted in Collateral Estoppel, Highest and Best Use, Partial Takings
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The Keystone Pipeline is Dead

The keystone pipeline was an oil pipeline system in Canada and the United States commissioned in 2010 and owned by TC Energy it was to run from the Western Canadian Sedimentary Basin in Alberta to refineries in Illinois and Texas and also to Cushing Oklahoma. The pipeline had significant opposition from environmentalists. In 2015, it was temporarily delayed by President Barack Obama. On January 20,2021 President Donald Trump took executive action to move the project forward. On January 2021 President Joe Biden signed an executive order to revoke the permit…. read more

Posted in Condemnation Procedures, Keystone Pipeline, Partial Takings
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The “Big Beautiful Wall” and Its Ugly Damages

President Biden ordered a freeze on further wall construction and acquisitions until his administration can sort things out.  The Trump administration rushed through its fence wall building program by utilizing a section of the Real ID Act of 2005 that empowers the head of the Department of Homeland Security “to waive legal requirements” the Secretary “determines necessary to ensure expeditious construction of the barriers and roads” at the border.  That allowed the former administration to suspend 84 separate laws and regulations and proceed without considering the damage it was causing… read more

Posted in Border Wall, Consequential Damages, Direct Damages, Partial Takings
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Never Be Bound by What the Condemnor Declares in a Taking

We witness more and more State appropriations where the NYDOT declares on its appropriation map that the taking is “Temporary.”  Yet, after the filing of the map and ergo the appropriation, the State alters the land in such a way that it is severely damaged.  The new roadway may limit access onto the remainder; it may reduce parking, or otherwise permanently physically alter the property. The scope of an easement is generally determined by the four corners of the taking documents themselves.  LIRR v LILCO, 64 NY2d 1088, 1089 (1985). … read more

Posted in Condemnation, Easements, Loss of Access, Partial Takings
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SHAME ON YOU SUFFOLK COUNTY: THE ATTEMPT TO STEAL JUST COMPENSATION

          I recently tried a claim which involved the taking of an easement on a beach front property.  The taking was to build a protective dune on Fire Island.           The dune was part of a federally funded program developed after Hurricane Sandy.  The County claimed that the dune was a special benefit to the property.  Let’s define the terms:           Nichols on Eminent Domain, Third Ed., Sec. 8A.04(2) provides, “General benefits are those benefits which result from the fulfilment of the public project which necessitated the taking and are… read more

Posted in Easements, Partial Takings, Special Benefit, Uncategorized
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