Navigation

Archive | Eminent Domain

May 2, 2013

Basics of Property Valuation in Condemnation Proceedings

The rule that real property is valued at its highest and best use free and clear of leases, mortgages or other encumbrances regardless of actual use is so fundamental that almost every eminent domain decision begins with a recitation of it. Firstly, the act of condemnation extinguishes any interest on the property. In 1931, the Court of Appeals wrote,  In Matter of City of New York (Allen Street), “the City pays for what it takes and nothing else.  By such taking it extinguishes all existing rights and interests in the property taken.” … read more

By
Posted in Condemnation Procedures, Eminent Domain, Highest and Best Use, Leases, New York, Offer & Compensation, Recent cases, Zoning
Read more > 0

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

By
Posted in Eminent Domain, Highest and Best Use, New York, Uncategorized, Zoning
Read more > 0

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

By
Posted in Continuing Legal Education, Eminent Domain, Speaking Appearances
Read more > 0

February 21, 2013

An Irrational Public Purpose Taking is Not a Violation of Due Process

By: Michael Rikon Sometimes when you read a case you just want to run head first into a brick wall. That’s the feeling we had when we read the Second Circuit’s recent decision in Matter of 49 WB v Village of Haverstraw in an unpublished summary order. The Second Circuit was reviewing de novo the district court’s granting of summary judgment for defendant-appellees (Village of Haverstraw) and denying 49 WB’s cross-motion for partial summary judgment as to liability. 49 WB argued, based on the Appellate Division’s determination regarding the attempted condemnation of… read more

By
Posted in Challenging condemnation, Eminent Domain, New York, Recent cases
Read more > 0

February 19, 2013

Corridor Valuation

Written by M. Robert Goldstein and Michael Rikon. Recently, Goldstein, Rikon, Rikon & Houghton, P.C. partner Jonathan Houghton won an extraordinary case of first impression on a cross-appeal dealing with the issue of corridor valuation. Corridor valuation, discussed at length below, deals with the proper valuation methodology used by a court when the land which is condemned is part of a railroad corridor. Many early cases involving eminent domain involved railroads exercising their right of condemnation, such as South Buffalo Ry. v Kirkover, 176 N.Y. 301 (1903), which established the… read more

By
Posted in Cases of First Impression, Eminent Domain, Future of the law, New York
Read more > 3