Archive | Valuation

The Constitution Pipeline & Partial Takings

For those of you not in the New York area, the Constitution pipeline is a proposed project to build  a  124-mile transmission pipeline connecting natural gas supplies in northern Pennsylvania with major northeastern markets. The pipeline is designed with the capacity to transport 650,000 dekatherms of natural gas per day (which is enough to serve 3 million homes, according to the Constitution Pipeline website.) The pipeline itself is 30 inches wide and will extend from Susquehanna County, Pa. to Schoharie County, New York. Construction is expected to begin this summer…. read more

Posted in Constitution Pipeline, Energy Companies, New York, Partial Takings, Published Articles, Valuation
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Michael Rikon Spoke at the New York State Judicial Institute on April 7, 2015

Below is a part of the paper presented.   New York State Judicial Institute April 7, 2015 By Michael Rikon[1] VALUATION OF PROPERTY Real property value is very dependent on the factual circumstances presented.  It is also dependent on the reason for the need to value the property. The same property may be valued differently as of the same date depending on whether the subject property was taken in an eminent domain proceeding, or, it’s assessed value is questioned in a tax certiorari proceeding.  The value of real property may… read more

Posted in Highest and Best Use, Speaking Appearances, Valuation
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Supreme Court, Rockland County Agrees with Claimant’s Highest & Best Use, Awards $741,671.00 in Just Compensation

The Supreme Court of Rockland County recently decided the case of Ferguson Management Company, LLC v The Village of Haverstraw, in which it awarded Claimant $721,671.00 as just compensation for the taking of its property. The subject property was located at 2 Dr. Girling Drive in Haverstraw and was acquired on July 26, 2006 by the Village as part of its effort to develop the waterfront with residential units known as the “Harbors at Haverstraw.” The site was improved with a one-story mezzanine warehouse/garage building consisting of finished office and three… read more

Posted in Advance Payments, Appraisers, Highest and Best Use, New York, Offer & Compensation, Recent cases, Valuation
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The Valuation of Real Property in a Condemnation Case

Art Linkletter had a very popular television show called “Kids Say the Darndest Things.” We would like to appropriate the title and modify it to say “Condemnors Say the Darndest Things.” We admit, although we have been at this for a number of years, sometimes we are still surprised at the arguments made by Condemnor’s counsel in an effort to keep just compensation awards low. Recently, Counsel for a Condemnor argued that the Court could not consider the reasonable probability of rezoning for the subject property because it disregards the… read more

Posted in Highest and Best Use, New York, Valuation
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Court of Claims Issues Two Decisions on Distribution Proceedings

The Court of Claims decided two decisions last week that will, hopefully, obviate the need for Claimant’s condemnation counsel to bring distribution proceedings on behalf of their clients in New York. For those unfamiliar with the term, a distribution proceeding is brought as an action seeking the disbursement of funds that have been deposited into the State comptroller’s account. Specific to eminent domain cases, and at issue in these two decisions, was the State’s deposit of the advance payment amounts into the State comptroller’s account pursuant to Eminent Domain Procedure… read more

Posted in Advance Payments, Condemnation Procedures, Eminent Domain Abuse, New York, Offer & Compensation, Valuation
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