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CROSS-EXAMINING AN APPRAISER WITH A PRIOR APPRAISAL

          The Second Department decided Matter of Klein v County of Suffolk, ____ AD3d ____, 2010 NY Slip Op 01413 on February 27, 2019.  Klein concerned a claimant’s request to obtain all appraisals that the County may have had prepared for the subject property.  The order appealed from directed the County to produce “all appraisals, and not limited only to those submitted.”  The County acquired an easement over a portion of the claimant’s property located on Fire Island as part of a federally funded construction project to reduce hurricane and… read more

Posted in Cross Examination, Impeachment of Appraiser, Prior Appraisals, Uncategorized
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CALIFORNIA’S BULLET TRAIN IS A DUD. WHAT HAPPENS TO THE PROPERTY CONDEMNED AND NOT USED?

          The California High-Speed Rail Project was authorized by the State Legislature and signed by Governor Arnold Schwarzenegger on August 26, 2008.  The bill was submitted to California voters and approved.           The first phase of the Project was to link San Francisco with Los Angeles and Anaheim.  Up tot 24 stations were authorized.  Phase 2 was to extend north from the Central Valley to Sacramento and east from Los Angeles through Inland Empire and then south to San Diego.  The total system length would have been approximately 800 miles…. read more

Posted in Abandonment Of Condemnation, California Bullet Train, Uncategorized
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“We’re Going to Build a Wall and Mexico is Going to Pay for It” – Not So, You are Going to Pay for It.

The immediate construction of a physical wall between Mexico and America was authorized by Presidential Executive Order on January 25, 2017, but there is no provision for funding from Mexico.  The President is asking congress for $4.1 billion through next year to begin construction of a wall, a project that may cost as much as $25 billion, plus annual repairs. A sea to sea barrier would require control of land along 2,000 miles.  This means that much land would have to be acquired by eminent domain.  As part of the… read more

Posted in Eminent Domain, Gateway Project, Uncategorized, Walls
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Landowners May Appeal To The Judiciary If Property Is Designated As Wetlands Subject To Federal Jurisdiction

This blog follows an article Michael Rikon wrote which was published in the New York Law Journal on August 26, 2016. Wetlands are areas saturated by surface or ground water sufficient to support distinctive vegetation adapted for life in saturated soil conditions.  The New York State Department of Environmental Conservation regulates two main types of wetlands, tidal wetlands along Long Island, New York City and up the Hudson River, and freshwater wetlands found on river and lake flood plains across the State. But wetlands may also be regulated by the… read more

Posted in Uncategorized, US Supreme Court cases, Wetlands
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Tax Assessments are Irrelevant in a Condemnation Matter

We often observe condemnors attempting to use tax assessment records or real estate tax reduction applications to influence a court’s award of just compensation.  It is well-established that tax assessment values bear no resemblance to fair market value and are never relevant in a condemnation case. In a condemnation proceeding, the subject property must be valued at its highest and best use regardless of actual use.  Matter of City of New York (Clearview Expressway), 9 NY2d 439 (1961). The valuation of the subject property is set forth in the parties’… read more

Posted in Eminent Domain, Tax Certiorari, Uncategorized, Valuation
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