Archive | Eminent Domain

Eminent Domain and New York’s Requirement for an Advance Payment: Stop the Monkey Business

We wrote on several occasions of the State of New York’s improper conduct of depositing the authorized advance payment into the State’s Comptroller’s Office. The State fails to provide any advance notice and refuses to tell the claimant when the deposit was made or why.  The claimant first learns the “when” and the “why” when the State submits an Answer.  And often times the purported rationale is questionable. Unless a court intervenes and stops this improper conduct, the State’s automatic deposits of the advance payment will continue unabated and a… read more

Posted in Advance Payments, Distribution Proceeding, Eminent Domain
Read more > 0

TRUMP’S WALL – A MIRAGE IN THE DESERT

          Donald Trump has made building a wall along the southwest border a cornerstone of his administration.  Trump has misappropriated government funds including $3.6 billion in money which was allocated for military construction to build the wall, but there is one necessary element missing, “the land.”  Congress – even while under Republican control, has repeatedly refused to appropriate the money demanded by the President to fund the project.           There are 1,350 miles of the southern border which is unfenced.  He originally wanted to fence 1,000 miles, but has reduced… read more

Posted in Border Wall, Ineffective Eminent Domain, Property Rights, Uncategorized
Read more > 0

SOMETHING IS ROTTEN IN THE COUNTY OF ROCKLAND: The corrupt process of exercising the awesome power of eminent domain.

          Recently, the Second Department affirmed an additional allowance pursuant to EDPL Sec. 701 to the extent of awarding $233,391.46.  Matter of Village of Spring Valley (Little Angel Day Care Center, Inc.).  Joshua H. Rikon tried the trade fixture claim and argued the appeal.           The Village, as it has in past cases, offered a low-ball appraisal and paid an advance payment of $90,960.           The trial court awarded $469,114 as just compensation.  The award was previously affirmed and claimant thereafter moved for the additional allowance.  Little Angel was fully… read more

Posted in Bad Faith, Just Compensation, Mendacious Argument, Uncategorized
Read more > 0

The doctrine of prior public use prevents a taking.

The doctrine of prior public use prevents a taking in Matter of City of NY  v Yonkers Indus. Dev. Agency, __AD3d__, 2019 NY Slip Op 02087 [2019]. The City of Yonkers sought to acquire property located in Yonkers that was owned by the City of New York and used by the Metropolitan Transportation Authority as a bus depot. The City of Yonkers sought to return the underutilized parcel to productive use in connection with an urban renewal plan. The Appellate Division, Second Department held the taking of the subject parcel… read more

Posted in Challenges to Determination and Findings, Challenging condemnation, Condemnation of Government Property, EDPL 207, EDPL Article 2, Eminent Domain
Read more > 0

Is the acquisition of private property for affordable housing a public use?

New York City Mayor Bill de Blasio announced plans to acquire privately owned residential buildings and convert them into affordable housing in an effort to reduce the City’s homeless problem. The City is currently paying property owners to house homeless people in apartments in the buildings that the City wants to acquire. The City’s plan is to acquire the buildings and transfer them to nonprofit companies that will convert all of the apartments in the buildings into affordable units. The homeless people will stay in the affordable units. If the… read more

Posted in Condemnation, Eminent Domain, Public Purpose
Read more > 0