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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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Jersey Waterfront Owners to be Publicly Shamed if They Refuse to Voluntarily Allow Easements

Governor Chris Christie made news on Tuesday when he announced publicly at a town hall-style event in Middlesex Borough that if property owners along the Jersey Shore do not sign the voluntary easement agreements to allow the construction of sand dunes on their property, he was going to start naming them publicly. Specifically, Governor Christie said he would start “calling these folks out in the new few weeks if they haven’t signed the easements to let us build the dunes because they need to be called out and they need to be told that there is something more… read more

Posted in Eminent Domain Abuse, Uncategorized
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NYC Cultural Institutions In Need of Repair, Sell Out To Developers

A recent New York Times article highlights an increasingly common practice being used around New York City as a way to pay for government services. Cultural institutions desperately in need of repair such as schools and public libraries are being sold developers, torn down, and rebuilt on the ground floor of new apartment towers, all without any expense to the public. Although is not the first time officials have mingled private development and schools, the Times article notes that the pace is accelerating, stating that “three projects have been executed since 2008 and the… read more

Posted in New York, Uncategorized
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