Michael Rikon recently authored an article in the New York Law Journal discussing the use of prior appraisals in eminent domain litigation proceedings. In the article, Mr. Rikon explains under Eminent Domain Procedure Law section 303, the condemning authority must authorize an advance payment based on its highest approved appraisal. However, often times at trial, the condemnor will introduce a subsequent appraisal at a lower amount, exposing the claimants to a potential judgment if the trial court accepts the state’s appraisal as the fair market value on title vesting date…. read more
April 23, 2014