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Archive | Offer & Compensation

August 16, 2013

Trial Court Denies Condemnor’s Motion to Dismiss Part of a Trade Fixture Claim

Justice Wayne Saitta, Kings County Supreme Court, just wrote a terrific decision denying a condemnor’s motion to dismiss part of a trade fixture claim. The decision, Pack It Away Storage Systems, Inc. v New York State Urban Development Corporation, d/b/a Empire State Development Corporation, Sup Ct., Kings County, August 9, 2013, Saitta, J. Index No. 1686/12, can be found on the following hyperlink:Pack it Away Storage Systems. The decision contains important black-letter law. One example is “[w]here the land and fixtures are owned by different entities, and the owner of the fixtures has retained… read more

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Posted in Eminent Domain, New York, Offer & Compensation, Trade fixtures
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August 15, 2013

The court has the constitutional mandate to determine just compensation

The Appellate Division, Second Department in Matter of Staten Is. Bluebelt Phase 2 v City of New York, 2013 NY Slip Op 5532, recently affirmed a trial court order (Saitta, J), which granted a motion to exchange amended appraisal reports because the appraisal reports that were filed “appeared to be deficient.” The appellate court cited Yaphank Dev. Co. v County of Suffolk, 203 AD2d 280, 282 and explained that the court has a constitutional mandate to give just and fair compensation for any property taken. It explained that the order… read more

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Posted in Eminent Domain, Offer & Compensation, Recent cases
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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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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

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Posted in Condemnation Procedures, Eminent Domain, Highest and Best Use, Leases, New York, Offer & Compensation, Recent cases, Zoning
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April 29, 2013

NYLJ Article: Condemnors Behaving Badly

Two GRRH partners, Michael Rikon and M. Robert Goldstein, recently published an article in the New York Law Journal titled “Condemnors Behaving Badly.” The focus of the article is on one bad-faith practice often utilized by condemnors in New York: making a pre-vesting offer (as required by law), and then when this offer is rejected as full compensation, filing another appraisal for a lower amount. This is a problem for the claimant because the claimant is being punished for asserting its constitutional right to just compensation. This coercive practice is… read more

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Posted in Condemnation Procedures, Legislation, New York, Offer & Compensation, Published Articles
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