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July 23, 2014

Third Department Gets The Project Influence Rule Right

The Third Department got it right in Matter of State of New York v KKS Properties, LLC, __ AD3d __, (July 3, 2014). The lower court’s decision in KKS Properties, LLC is one of those decisions that makes you cringe. An award on an appropriation claim in the Court of Claims which is lower than the advance payment resulting in a judgment in favor of the State is an outrageous outcome for a compulsory taking of one’s property. We have often advocated that there must be a minimum of “just compensation.”… read more

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Posted in Eminent Domain, Project Influence Rule, Published Articles, Recent cases
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June 5, 2014

California Court of Appeals Holds Entry Statute Unconstitutional

In a recent case, Property Reserve, Inc. v Superior Court, 224 Cal.App.4th 828 (2014), the Third District California Court of Appeal ruled that entry statutes are unconstitutional when the activities for which the entry is sought constitute an intentional taking of property without the full protections afforded by a condemnation action. More specifically, the Court ruled that the pre-entry condemnation statutes, (found in Code of Civil Procedure sections 1245.010 et seq.) violate the takings provisions of article I, section 19 of the California Constitution. These entry statutes were enacted in 1976 and… read more

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Posted in Challenging condemnation, Eminent Domain, Eminent Domain Abuse, Future of the law, Recent cases
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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

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Posted in Eminent Domain, New York, Offer & Compensation, Recent cases, Trade fixtures
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May 15, 2014

Recent Decision Values Atlantic Yards Property at 9 Million

Recent Decision Values Atlantic Yards Property at 9 Million Goldstein, Rikon, Rikon & Houghton recently received a decision awarding one of its clients $9,186,000, plus interest, for damages resulting from a fee taking which occurred on March 1, 2010 in connection with the Atlantic Yards development project. The property consisted of a 20,738 square foot lot, with frontage on Atlantic Avenue and a rear lot adjoining the Long Island Railroad tracks. The property was zoned M1-1 and was vacant at the time of title vesting. The case was tried by… read more

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Posted in Eminent Domain, Highest and Best Use, New York, Recent cases
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March 27, 2014

Kentucky Court Denies Use of Eminent Domain for Pipeline

This case was brought to our attention by Robert Thomas over at the inverse condemnation blog, an excellent source for information regarding eminent domain news.   The case, Kentuckians United to Restrain Eminent Domain, Inc. v. Bluegrass Pipeline Company, LLC (Civil Action No. 13-CI-1492) was recently decided by the Franklin Circuit Court for the Commonwealth of Kentucky. The court granted the plaintiff’s summary judgment motion, which the company will almost certainly appeal. Therefore, this is definitely a case to keep an eye on in the coming months.   The facts… read more

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Posted in Challenging condemnation, Eminent Domain, Eminent Domain Abuse, Energy Companies, Recent cases
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