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Archive | New York

August 14, 2013

Just Compensation? Not if We Can Help It

A business may be firmly rooted in a neighborhood. It might be quite successful and profitable. It could be a family enterprise which has had multi-generational owners and workers. Then comes that fateful day when the property is included in a condemnation proceeding; a forced sale which was hardly solicited. Years of goodwill go out the window, for goodwill is not compensable in New York, or most other states. Then comes the inevitable eviction to obtain vacant possession of the premises. Most established businesses will find it a challenge to… read more

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Posted in Condemnation Procedures, Leases, New York, Offer & Compensation, Trade fixtures
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July 25, 2013

Condemnors Say the Darndest Things

In New York, sanctions are rarely imposed on counsel during civil litigation; they are almost never imposed in Condemnation cases, which involve constitutionally protected claims for just compensation. Recently, the frivolous arguments have grown as if on steroids. Established legal principles, logic, and ethics are seemingly abandoned in the hope of influencing the court. Here are two examples from recent cases: In a real estate (fee) claim in which the Claimant presented evidence that there existed a reasonable probability of rezoning, the condemnor argued that the probable rezoning of the… read more

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Posted in Highest and Best Use, Leases, New York, Trade fixtures
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July 18, 2013

Why Lawyers Should Do The Work of Lawyers, and Appraisers Should Do the Work of Appraisers

By: Joshua Rikon and Jamie Sinclair. The Uniform Standards of Professional Appraisal Practice (USPAP) are the generally accepted standards for professional appraisal practice in North America. USPAP contains standards for all types of appraisal services. The standards specifically require that an appraiser perform assignments with impartiality, objectivity, and independence, and without accommodation of personal interests. An appraiser must not perform an assignment with bias; must not advocate the cause or interest of any party or issue;” USPAP 2012-2013 Edition Ethics Rule, p. U-7. The Hon. Wayne P. Saitta recently issued a decision in… read more

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Posted in New York, Recent cases, Trial Preparation
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June 4, 2013

How to Locate the Best Condemnation Attorney

Attorney Advertising By:  Michael Rikon You say your cattle ranch in Montana is about to be taken in an eminent domain proceeding for a wind energy development project? What now? Should you call upon a lawyer who advertises on Google, or locate the best condemnation lawyer in that state? We think the latter. Condemnation cases are unique to each state’s law. You need an experienced trial lawyer who has the ability to hit the road running. Otherwise, you are looking for trouble. Condemnation judgments are rarely modified on appeal. As… read more

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Posted in Eminent Domain, New York
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May 16, 2013

Willets Point Held Entitled to Reimbursement of Legal and Expert Fees

By: Michael Rikon and Jamie Sinclair As a result of a decision by the Honorable Jaime A. Rios of Supreme Court, Queens County, dated April 25, 2013, Willets Point was awarded the reimbursement of attorneys fees and expenses against the City. The EDPL authorizes, in the event that a procedure to acquire property is abandoned (or a court determines the condemnor was not legally authorized to acquire the property), the reimbursement for a condemnee’s actual and necessary costs, disbursements, and expenses (including attorney fees, appraisal fees, engineering fees, and other… read more

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Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain, New York, Recent cases
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