Author Archive | Michael Rikon

New Challenge to Takings for Natural Gas Pipelines

An article published by the E&E News written by Niina H. Farah on December 16, 2021 reported an argument before the U.S. Court of Appeals for the District of Columbia.  The lawsuit was brought by homeowners located along the route of the Mountain Valley Pipeline alleging that it is unconstitutional for the Federal Energy Regulation Commission (FERC) to delegate it eminent domain authority to pipeline developers. The legislation at issue in the case is the Natural Gas Act, which extends the federal government’s authority to condemn private land for public… read more

Posted in FERC, PennEast Pipeline, Pipelines
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East River Park Destruction: Not So Fast, The Public Trust Doctrine Controls

On December 7, 2021, I wrote a blog about the legal suit brought to stop the destruction of the East River Park in the Lower Eastside of Manhattan.  I discussed the decision of the Appellate Division, First Department in Matter of East River Park Action v City of New York (Index No. 151491/20) denying an application to annul a vote of the City Council which modified the zoning resolution in order to facilitate the construction of the development of the East Side Coastal Resiliency Project. The project adopted by the… read more

Posted in East River Park, Parkland, Public Trust Doctrine
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East River Park – A Park Not Protected by the Public Trust Doctrine

Some two years ago, on May 9, 2019, I wrote about the Public Trust Doctrine in this blog.  I reported the Court of Appeals’ decision in Matter of Glick v Harvey, 25 NY3d 1175 (2015) where the Court affirmed decisions of lower courts enjoining New York University from beginning any construction with its expansion project that would result in any alienation of three parcels of land found by the Court to be public parkland, unless and until the State Legislature authorizes the alienation of any parkland to be impacted by… read more

Posted in parklands, Public Trust
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The Infrastructure Package Means Business for Real Estate Investors

After much debate, President Joe Biden signed a $1.2 billion infrastructure bill (H.R. 3684) into law, finalizing a key part of his economic agenda.  The vote in the senate was uncommonly bipartisan; the yes votes included Senator Mitch McConnell of Kentucky, the Senate Republican Leader and 18 other Republicans. Funding for Roads and Bridges The legislation calls for investing $110 billion for roads, bridges and major infrastructure projects.  That’s significantly less than the $159 billion hat Biden initially requested in the American Jobs Plan. Included is $40 billion for bridge… read more

Posted in Construction, Eminent Domain, Infrastructure Package
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The Environmental Rights Amendment: Additional Ammunition in Challenging a Proposed Condemnation

The new Environmental Rights Amendment was adopted on November 2, 2021.  The amendment adds Section 19 to Article I of the New York State Constitution and provides, “Each person shall have a right to clean air and water, and to a healthful environment.”  The amendment is effective January 2022. The Environmental Rights Amendment is part of Article I, the New York Bill of Rights. As set forth in a blog, “E2 Law Blog” written by David Mandelbaum, Esq. and Steven C. Russo, Esq. on November 8, 2021, the Bill of… read more

Posted in Challenges to Condemnation, EDPL Sec. 207, Environmental Rights Amendment, SEQRA
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