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Archive | 2016

March 16, 2016

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

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Posted in Eminent Domain, Tax Certiorari, Uncategorized, Valuation
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February 23, 2016

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

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Posted in Eminent Domain, Inverse Condemnation, Regulatory Taking, Uncategorized, Wetlands
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January 26, 2016

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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Posted in Uncategorized
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January 19, 2016

Staten Island Real Estate Developer Talk

On January 13, 2016, Michael Rikon gave a roundtable luncheon speech to some of Staten Island’s most prominent real estate developers about New York City’s (“City”) storm water program for Staten Island and how the City chose to condemn wetlands instead of constructing storm sewer lines. The storm water program, the “Bluebelt,” encompasses 16 watersheds and approximately 12,000 acres.  Once the City chose a wetland parcel to condemn, the New York State Department of Environmental Conservation would not issue a wetland permit for that parcel. Mr. Rikon discussed the City’s… read more

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Posted in Eminent Domain, Eminent Domain Abuse, New York, Regulatory Taking, Speaking Appearances, Wetlands
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