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January 14, 2015

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

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Posted in Highest and Best Use, New York, Valuation
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January 9, 2015

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

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Posted in Advance Payments, Condemnation Procedures, Eminent Domain Abuse, New York, Offer & Compensation, Valuation
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September 24, 2014

Time to Curb Developers from Controlling Condemnation Litigation

If you are reading an appellate court decision deciding a condemnor’s appeal from an award your client recovered and the Court quotes Judge Cardozo in New York, O. & W.R. Co. v. Livingston, 238 NY 300 (1924), it’s not good. This is the case where Judge Cardozo wrote that “it is the duty of the state ,in the conduct of the inquest by which the compensation is ascertained, to see that it is just, not merely to the individual whose property is taken, but to the public which is to… read more

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Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, Future of the law, New York, Offer & Compensation, Recent cases, Valuation
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August 21, 2014

Appellate Division Affirms Award of $8.1 Million

On August 20, 2014, the New York Appellate Division, Second Department, affirmed an award of $8,100,000 for just compensation to Split Rock Partnership for the taking of Claimant’s real property. The advance payment was $244,800. The decision can be found here. Claimant owned 64 acres of vacant land in the Village of Hillburn, which is located in Rockland County. In February 2005, Rockland County Sewer District No. 1 acquired the subject property by condemnation for the construction of a new sewer processing facility. The Appellate Division held that the measure… read more

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Posted in Highest and Best Use, New York, Recent cases, Valuation
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June 19, 2014

Condemnors Acting Badly, Another Installment

It is a straight forward concept. If you exercise your power of eminent domain, you must, under our Federal and State Constitutions, pay just compensation. Section 101 of the Eminent Domain Procedure Law (“EDPL”) states that it is the purpose of the EDPL “to assure that just compensation shall be paid to the persons whose property rights are acquired by the exercise of the power of eminent domain.” The same provision requires payments to property owners to be expedited. The policy, set forth in section 301 requires the condemnor to… read more

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Posted in Eminent Domain Abuse, Title vesting, Trade fixtures, Valuation
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