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January 14, 2015

The Valuation of Real Property in a Condemnation Case

Art Linkletter had a very popular television show called “Kids Say the Darndest Things.” We would like to appropriate the title and modify it to say “Condemnors Say the Darndest Things.” We admit, although we have been at this for a number of years, sometimes we are still surprised at the arguments made by Condemnor’s counsel in an effort to keep just compensation awards low. Recently, Counsel for a Condemnor argued that the Court could not consider the reasonable probability of rezoning for the subject property because it disregards the… read more

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Posted in Highest and Best Use, New York, Valuation
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January 9, 2015

Court of Claims Issues Two Decisions on Distribution Proceedings

The Court of Claims decided two decisions last week that will, hopefully, obviate the need for Claimant’s condemnation counsel to bring distribution proceedings on behalf of their clients in New York. For those unfamiliar with the term, a distribution proceeding is brought as an action seeking the disbursement of funds that have been deposited into the State comptroller’s account. Specific to eminent domain cases, and at issue in these two decisions, was the State’s deposit of the advance payment amounts into the State comptroller’s account pursuant to Eminent Domain Procedure… read more

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Posted in Advance Payments, Condemnation Procedures, Eminent Domain Abuse, New York, Offer & Compensation, Valuation
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November 26, 2014

Appellate Division Affirms $4.3 Million Award in Metro North Brewster Station Taking

Last Wednesday the Appellate Division, Second Department decided Matter of Metropolitan Transportation Authority, Etc. v. Longridge Associates, LP (Index No. 1877/03) and affirmed the lower court’s judgment, with costs. The lower court (LaCava, J.) rendered a decision on December 4, 2012 awarding Claimants $4,375,000. The subject property consisted of 52 acres of vacant land in Putnam County New York. The property was taken by the MTA as part of the Metro North Railroad’s (MNRR) Brewster North Station and Commuter Parking Lot Expansion Project. More specifically, the acquisition was intended for… read more

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Posted in Eminent Domain, Highest and Best Use, New York, Recent cases, Wetlands
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November 20, 2014

Appellate Division Affirms 75% Increment Applicable to Wetlands Taking

Yesterday the Appellate Division, Second Department decided In re Matter of New Creek Bluebelt, Phase 4. Lawrence N. Paolella, et al., v. City of New York, in which it affirmed the findings of Supreme Court, Richmond County (Saitta, J.). The lower ruled that there was a reasonable probability that the imposition of wetlands regulations on the subject property constituted a regulatory taking and applied a 75% increment in calculating the final condemnation award of $810,000. For the Claimants, the award represents a 338% increase over the City’s valuation of $185,000. The… read more

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Posted in Eminent Domain, New York, Recent cases, Wetlands
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October 28, 2014

Michael Rikon Publishes NYLJ Article on Public Trust Doctrine and NYC Parklands

Mr. Rikon’s most recent NYLJ, available by clicking here, discusses the public trust doctrine and recent New York cases involving challenges to public parklands. As Mr. Rikon writes, the parks are protected by the public trust doctrine, which was adopted by the States from well-established English Law. The landmark case was Illinois Central Railroad v. Illinois, 146 US 387 (1892). In that case, the Illinois legislature had granted most of the Chicago harbor to the railroad. The Supreme Court held that the State held title to the land underneath the… read more

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Posted in New York, parklands, Published Articles, Recent cases
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