Navigation

Archive | Offer & Compensation

March 6, 2015

Supreme Court, Rockland County Agrees with Claimant’s Highest & Best Use, Awards $741,671.00 in Just Compensation

The Supreme Court of Rockland County recently decided the case of Ferguson Management Company, LLC v The Village of Haverstraw, in which it awarded Claimant $721,671.00 as just compensation for the taking of its property. The subject property was located at 2 Dr. Girling Drive in Haverstraw and was acquired on July 26, 2006 by the Village as part of its effort to develop the waterfront with residential units known as the “Harbors at Haverstraw.” The site was improved with a one-story mezzanine warehouse/garage building consisting of finished office and three… read more

By
Posted in Advance Payments, Appraisers, Highest and Best Use, New York, Offer & Compensation, Recent cases, Valuation
Read more > 0

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

By
Posted in Advance Payments, Condemnation Procedures, Eminent Domain Abuse, New York, Offer & Compensation, Valuation
Read more > 0

October 24, 2014

Appellate Division Refuses to Pierce Corporate Veil in Long Island City Taking

The Appellate Division, Second Department recently reversed an order of the Supreme Court, Queens County (Rios, J.) entered October 16, 2012 which granted the Condemnor’s motion for summary judgment dismissing the claim of Tennisport, Inc. for the taking of its trade fixtures, and additionally directed that an advance payment made to Tennisport be set off against the award for the compensation for the taking of the fee. In reversing, the Appellate Division held that the fee and fixture claims were made by separate and distinct legitimate corporations, and refused to… read more

By
Posted in Eminent Domain, Highest and Best Use, New York, Offer & Compensation, Trade fixtures
Read more > 0

September 24, 2014

Time to Curb Developers from Controlling Condemnation Litigation

If you are reading an appellate court decision deciding a condemnor’s appeal from an award your client recovered and the Court quotes Judge Cardozo in New York, O. & W.R. Co. v. Livingston, 238 NY 300 (1924), it’s not good. This is the case where Judge Cardozo wrote that “it is the duty of the state ,in the conduct of the inquest by which the compensation is ascertained, to see that it is just, not merely to the individual whose property is taken, but to the public which is to… read more

By
Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, Future of the law, New York, Offer & Compensation, Recent cases, Valuation
Read more > 0

May 22, 2014

Appellate Division Second Department Renders Important Decision in Mazur Brothers

The Appellate Division, Second Department, handed down a decision on May 21, 2014, effectively ending 8 years of litigation and awarding compensation to the Claimants, Mazur Brothers Realty, LLC. Mazur Brothers Realty LLC were the fee owner of property located at 80 Lake Street and 90 Lake Street, White Plains, New York. Mazur Brothers, Inc., was the tenant at both properties and operated a well-known furniture business on the premises prior to title vesting. The property was taken in connection with a project to improve the Cross Westchester Expressway. Litigation… read more

By
Posted in Eminent Domain, New York, Offer & Compensation, Recent cases, Trade fixtures
Read more > 0