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Archive | 2020

October 8, 2020

Texas Bullet Train Gains Federal Approval

The high-speed train that promises to transport passengers between Dallas and Houston in 90 minutes has been approved by the Federal Railroad Administration according to Texas Central Railroad, the company in charge of the project.   The U.S. Department of Transportation’s Federal Railroad Administration issued the two key rulings, which provide the regulatory framework and the environmental review for the high-speed train, that Texas official were waiting on to move forward with the project, according to the company.  The announcement was first reported by the Houston Chronicle.   Texas Central… read more

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Posted in Bullet Train, Consequential Damages, Uncategorized
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October 1, 2020

Remembering the Honorable Albert A. Blinder

Retired Court of Claims Judge Albert A. Blinder died on September 23, 2020.  He was just short of 95 and had an illustrious legal career. I was lucky to have been recommended to him as a law clerk when he was first appointed to the bench by Governor Nelson Rockefeller in 1973.  I was an Assistant Corporation Counsel for the City of New York serving in the Condemnation Division and had just completed a trial in the Court of Claim, City of New York v State of New York, 49… read more

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Posted in Court of Claims, Judge Albert A. Blinder
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August 6, 2020

Lawsuit Seeking Compensation for Mandatory Store Closures – Who’s Going to Pay for My Loss?

Illinois’ attorney general asked a federal judge Monday to dismiss a lawsuit alleging Gov. J.B. Pritzker’s executive orders closing nonessential businesses and workplaces are unconstitutional. A group of Chicagoland business owners argued the governor’s COVID-19 restrictions amount to the confiscation of private property without monetary compensation.  Such an action would violate the U.S. and Illinois constitutions, they say. Those orders “caused the seizure of property, business interests and livelihoods of individuals across the state, forcing indefinite closures and the layoff of hundreds of thousands of people,” according to the group’s… read more

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Posted in Pandemic, Police Power, Takings, Uncategorized
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July 28, 2020

Who’s in Charge Here: The Province of the Trial Court in a Condemnation Case

New York is one of only three states in the nation that does not allow trial by jury in an eminent domain case.  All claims against the State of New York and certain other state authorities have exclusive jurisdiction in the Court of Claims where, regardless of the nature of the claim, there are no jury trials.  Appropriation claims in the Court of Claims are certainly included and are tried by a Court of Claims Judge.  Other condemnation matters must be tried by a Justice of the Supreme Court.[i]  This… read more

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Posted in Decision by Jury, Trial, Uncategorized
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July 16, 2020

Taking an Ancient Mound Access

The Ohio Supreme Court will hear a country club’s appeal of orders that it provides public access to the state historical agency to ancient burial mounds.   The lower courts ruled that the Ohio History Connection can reclaim the lease for the 2,000-year-old Octagon Mounds from Moundbuilders Country Club by eminent domain.   The Ohio History Connection has leased the 134-acre property to Moundbuilders where golf has been played since 1910.  The agency wants to buy back the lease and convert the property to a park to improve public access… read more

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Posted in Access, Historic Burial, Site, Uncategorized
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