Archive | New York

Pre-vesting Offers and the Duty to Negotiate

A recent case decided by the New Jersey Appellate Division has highlighted the rule that condemning municipalities do not have a duty to negotiate with mortgagees when condemning a property on which they hold an interest. Borough of Merchantville v. Malik & Son, LLC, handed down on February 5th, specifically held that the condemning municipality was only required to conduct pre-complaint bona fide negotiations with the record owner of the property.* Thus, the municipality did not have to conduct negotiations with the assignee of a mortgagee which had obtained a final judgment of foreclosure. A little bit of… read more

Posted in Condemnation Procedures, New York, Offer & Compensation, Recent cases, Uncategorized
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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the feeling we had when we read the Second Circuit’s recent decision in Matter of 49 WB v Village of Haverstraw in an unpublished summary order.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

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

Posted in Cases of First Impression, Eminent Domain, Future of the law, New York
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The Law of Trade Fixtures in New York State

It is well known that “an appropriation of land … is an appropriation of all that is annexed to the land, whether classified as buildings or as fixtures …” and that “[t]he value of the fixtures ought, therefore, [be] considered in estimating the total value of the property appropriate by the State.” Jackson v. State of New York, 213 N.Y. 34, 36 (1914). The so-called “trade fixture rule” holds that a claimant is entitled to compensation for trade fixtures it has a right under its lease to remove, but chooses… read more

Posted in New York, Trade fixtures
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