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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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New York Law Journal: Inverse Condemnation or De Facto Taking – What’s in the Name?

Michael Rikon authored a column in the February 23, 2016, edition of the New York Law Journal titled, “Inverse Condemnation or De Facto Taking: What’s in the Name?  In his article, Mr. Rikon discusses the difference between inverse condemnations and de facto takings, and that courts err in interchangeably using these terms. Mr. Rikon reviews the four different categories of inverse condemnations, also known as regulatory takings.  Mr. Rikon covers Lingle v. Chevron U.S.A., 544 U.S. 528 (2005), United States v. Causby, 328 U.S. 256 (1946), Lucas v. South Carolina… read more

Posted in Eminent Domain, Inverse Condemnation, Regulatory Taking, Uncategorized, Wetlands
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33rd Annual Advanced ALI CLE Course on Eminent Domain and Land Valuation Litigation 2016

Joshua Rikon will be presenting a course called, Motions Practice: Define, Narrow, Win, at the ALI CLE on eminent domain this Thursday, January 28, 2016. Mr. Rikon will be discussing multiple topics including, dismissal of untimely claims and appraisal reports, motions to preclude appraisal evidence on factual grounds, and motions to preclude appraisal evidence on legal grounds.  Mr. Rikon will conclude with other ways to limit issues at trial, including stipulating to issues and requesting bifurcated trials. Mr. Rikon will be joined by Joshua E. Baker, Esq. of Waldo &… read more

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The 800th Birthday of the Magna Carta

This month, on June 15, 2015, we celebrate the 800th anniversary of the signing of the Magna Carta, the famous English document that secured our liberties and rule by law. The Magna Carta was an agreement between King John and a group of rebel English barons in response to “years of the King’s misrule and excessive taxation” and, for the first time in history, placed the rule of the law above that of the King’s desires, stressing democracy and equality over the whims of the all-powerful elite. The document was signed… read more

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Second Circuit Applies Williamson County to Physical Takings

The Second Circuit applied the Williamson County Regional Planning Comm. v. Hamilton Bank Johnson City, 473 US 172 (1985) rule to a case involving an actual physical taking. The rule had been applied previously to claims involving regulatory takings. The Supreme Court held that a plaintiff must first obtain a final decision and exhaust all state remedies before suing in Federal Court. In Kurtz v Verizon New York, Docket No 13-3900 CV, the Second Circuit ruled by decision dated July 16, 2014, that even in a physical taking, property owners… read more

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