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Author Archive | Michael Rikon

September 10, 2015

Taking Your Property for Extractable Gas

A news story published September 8, 2015 in the Martinsville Daily reports the progress of a bill working its way through the West Virginia Legislature. The new law will allow the use of eminent domain to capture the northern gas fields of West Virginia which are currently owned by private citizens. It will compel forced pooling. The fields have extractable gas 6,000 feet under the surface. If the bill becomes law, the government could eventually take the property. Currently, West Virginia State Law precludes gas companies from drilling wells if… read more

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Posted in Eminent Domain, Eminent Domain Abuse, Energy, Hydrofracking
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August 28, 2015

New York Law Journal: The Condemnation Expert’s File: Minefield for Cross-Examination

Michael Rikon recently authored a column published in the New York Law Journal titled The Condemnation Expert’s File: Minefield for Cross-Examination. In condemnation cases, each side hires an expert to prepare an opinion on the value of the property. As Mr. Rikon explains in the article, once that expert testifies at trial, his or her work file becomes discoverable by the opposing side, and is often rife with material for cross-examination. This material can range from inaccurate data or the use of a faulty valuation method, to evidence of coaching,… read more

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Posted in Appraisers, Lawyers, Offer & Compensation, Recent cases, Sandbagging, Trial Preparation, USPAP
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August 24, 2015

Harlem Urban Renewal, the Statute of Limitations, and the Doctrine of Stare Decisis

The Supreme Court, New York County recently issued an interesting  decision by the Hon. Shlomo S. Hagler. The case was in the Matter of City of New York, Fifteenth Amended Harlem-E. Harlem Urban Renewal Plan (East 125th Street), Stage 1. The Decision and Order was issued August 13, 2015 and dealt with several motions by the respondent condemnees, which will be discussed herein. The condemnees collectively included City Lights Properties Three LLC, 2305-07 Third Avenue LLC, 2017 East 125th Street LLC, and 205 East 125th Street LLC. The procedural background of… read more

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Posted in Challenging condemnation, Condemnation Procedures, Harlem Urban Renewal Project, New York, Recent cases, Statute of Limitations
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August 14, 2015

Blue Island Development, LLC v Town of Hempstead, An Inverse Condemnation

The Appellate Division, Second Department handed down the Blue Island decision on August 12, 2015 (2015 NY Slip Op 06488). The decision can be read by clicking here: Blue Is. Dev., LLC v Town of Hempstead. The decision sets forth an interesting case dealing with a taking claim which arose because of the imposition of a restrictive covenant upon the granting of a zoning change. Blue Island Development acquired a parcel of land which had been used as an oil storage facility. It intended to remediate the environmental contamination and… read more

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Posted in Eminent Domain, Inverse Condemnation, Zoning
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July 31, 2015

Emil Realty, Co. v State of New York

A recent decision by the Court of Claims (Hon. Thomas H. Scuccimarra) approved  the Claimant Emil Realty’s request for an additional three months to file its appraisal report valuing the subject property (530 Gardner Avenue, and a permanent easement over 518 Gardner Avenue). The parties had previously stipulated to other extensions, however the State refused to consent to a further extension beyond the February 15, 2015 deadline as it had already filed its appraisal, and argued it would be prejudiced by the imposition of additional statutory interest at 9% from… read more

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Posted in Appraisers, Lawyers, Litigation, New York, Recent cases
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