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Reminder: ALI CLE Eminent Domain and Land Valuation Litigation Course of Study

We would like to remind you to reserve Thursday-Saturday, January 23-25, 2014, to attend the 31st annual presentation of the advanced-level ALI CLE Course of Study, Eminent Domain and Land Valuation Litigation; or the ninth annual presentation of the basic-level ALI CLE Course of Study, Condemnation 101: How to Prepare and Present an Eminent Domain Case, both at the Hotel Monteleone in New Orleans. Both courses are also offered via live webcast, available either in their entirety or in segments. As co-program director Joseph T. Waldo, Esq. stated: Practitioners in… read more

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William and Mary will honor Thomas W. Merrill with the 2013 Brigham-Kanner Property Rights Prize

William and Mary will honor Thomas W. Merrill, a Columbia Law School Professor, with the 2013 Brigham-Kanner Property Rights Prize at the 10th annual conference on October 17-18 sponsored by the William & Mary Property Rights Project. The project presents the award each year to an individual whose scholarly work and accomplishments affirm that property rights are fundamental to protecting individual and civil rights. According to the press release, Merrill is among the nation’s leading scholars of property, administrative, and environmental law, and is the Charles Evans Hughes Professor at Columbia Law… read more

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Michael Rikon Authors New Article in NYLJ: Discovery in Condemnation and Tax Certiori Proceedings

Michael Rikon has authored a new article that appears in this month’s New York Law Journal, addressing the use of discovery in condemnation and tax certiori proceedings. The article discusses the prominent provisions of the Eminent Domain Procedure Law (“EDPL”) limiting the use of discovery. Sections 101 and 301 of the EDPL require “rules to reduce litigation” and “expeditious effort to justly compensate persons.” The article points out that the “urgency to quickly dispose of condemnation claims is also evidenced by Section 506 of the EDPL, which mandates that the condemnor… read more

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A Condemnor Cannot Limit Just Compensation Because of a Planned Condemnation

The concept of limitation to one group of owners compared to others because of a proposed condemnation constitutes an unconstitutional denial of equal rights. We see this in cases where there has been a rezoning, but because parcels were to be taken in the exercise of eminent domain, the benefit of the up-zoning is denied. In Matter of City of New York (Inwood Hill Park Addition), 230 AD 31 (1st Dept 1930), afd. 256 NY 556 (1931), the Court held that there may be no deprivation of the right to submit any element of value which a… read more

Posted in Eminent Domain, Highest and Best Use, New York, Uncategorized, Zoning
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