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Author Archive | Michael Rikon

April 24, 2013

A Condemnor Cannot Limit Just Compensation Because of a Planned Condemnation

The concept of limitation to one group of owners compared to others because of a proposed condemnation constitutes an unconstitutional denial of equal rights. We see this in cases where there has been a rezoning, but because parcels were to be taken in the exercise of eminent domain, the benefit of the up-zoning is denied. In Matter of City of New York (Inwood Hill Park Addition), 230 AD 31 (1st Dept 1930), afd. 256 NY 556 (1931), the Court held that there may be no deprivation of the right to submit any element of value which a… read more

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Posted in Eminent Domain, Highest and Best Use, New York, Uncategorized, Zoning
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March 28, 2013

Jersey Waterfront Owners to be Publicly Shamed if They Refuse to Voluntarily Allow Easements

Governor Chris Christie made news on Tuesday when he announced publicly at a town hall-style event in Middlesex Borough that if property owners along the Jersey Shore do not sign the voluntary easement agreements to allow the construction of sand dunes on their property, he was going to start naming them publicly. Specifically, Governor Christie said he would start “calling these folks out in the new few weeks if they haven’t signed the easements to let us build the dunes because they need to be called out and they need to be told that there is something more… read more

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Posted in Eminent Domain Abuse, Uncategorized
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March 22, 2013

Register For Eminent Domain From Start to Finish

Three partners from our firm, Michael Rikon, Joshua Rikon, and Jonathan Houghton, will be presenting at the Eminent Domain From Start to Finish Conference held by the National Business Institute on April 2, 2013. The conference will be held at the Holiday Inn of Plainview, New  York and is recommended for attorneys, appraisers, engineers, and the like. Topics will include Calculating Damages and Just Compensate, Trail Practice and Strategy, and Ethics in Condemnation, among others. The course manual offers 123 pages of valuable material, which will provide a library of… read more

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Posted in Continuing Legal Education, Eminent Domain, Speaking Appearances
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ALI CLE The Practical Real Estate Lawyer Now Available

The March 2013 edition of The Practical Real Estate Lawyer, published by American Law Institute Continuing Legal Education is now available. It features four outstanding articles including “Working with Eminent Domain Valuation Witnesses” by Michael Rikon and Anthony F. Della Pelle, “Opening Statements in Eminent Domain Cases” by Brandee L. Caswell and Joseph P. Santum, “Direct Examination of the Valuation Witnesses” by James D. Masterman, and “Groundbreakers– Using the Judicial System to Abate the Foreclosure Crisis.” We want to specifically highlight Michael Rikon & Anthony Della Pelle’s article here, as well as… read more

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Posted in Continuing Legal Education, Published Articles, Trial Preparation
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NYC Cultural Institutions In Need of Repair, Sell Out To Developers

A recent New York Times article highlights an increasingly common practice being used around New York City as a way to pay for government services. Cultural institutions desperately in need of repair such as schools and public libraries are being sold developers, torn down, and rebuilt on the ground floor of new apartment towers, all without any expense to the public. Although is not the first time officials have mingled private development and schools, the Times article notes that the pace is accelerating, stating that “three projects have been executed since 2008 and the… read more

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Posted in New York, Uncategorized
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