Navigation

Archive | Recent cases

March 6, 2014

Court of Appeals: Restaurant in Union Square Does Not Violate The Public Trust Doctrine

Michael Rikon has authored a NYLJ article discussing the recent decision of the Court of Appeals in Union Square Park Community Coalition, Inc. v New York City Dept. of Parks & Recreation. This case required the court to decide whether the operation of a restaurant in Union Square would violate the public trust doctrine. The Court held that it would not. Leave to the Court of Appeals was granted from a Decision and Order from the Appellate Division, Second Department, which granted a preliminary injunction restraining the alterations necessary to… read more

By
Posted in New York, Recent cases
Read more > 0

February 27, 2014

Appellate Division Affirms Award in AAA Electricians

The Appellate Division, Second Department recently affirmed the Supreme Court’s award in Village of Haverstraw v. AAA Electricians, Inc. The condemnor appealed the judgment of the Supreme Court, Rockland County, entered May 9, 2012, which awarded the condemnee $6,500,000 as just compensation for the taking of the condemnee’s real property. The background of the case is as follows: The condemnor acquired the 18.9 acres for transfer to the Ginsberg Development Company which in turn constructed the “Harbors of Haverstraw” a townhouse development. The subject parcel was flat and level and enjoyed… read more

By
Posted in Eminent Domain, Eminent Domain Abuse, Highest and Best Use, New York, Offer & Compensation, Recent cases
Read more > 2

January 30, 2014

Coy Koontz, Jr. Honored as Champion of Private Property Rights

The Owners’ Counsel of America, a nationwide network of leading eminent domain attorneys dedicated to representing property owners, honored Coy Koontz, Jr. with the Crystal Eagle Award last week for the resolve and commitment that he, and his late father, exhibited in fighting for the right of private property ownership. “My family and I have given up so much of our lives for this fight because we believe that owning your property ought to mean something– that the government can’t control you unreasonably,” said Coy Koontz, Jr. of the yet… read more

By
Posted in Challenging condemnation, Eminent Domain, Eminent Domain Abuse, Recent cases, Wetlands
Read more > 0

September 27, 2013

MO Supreme Court Upholds Constitutionality of Heritage Value Statute

The Missouri Supreme Court recently issued a decision affirming a $2.1 million payment for the taking of 15 acres of land in St. Louis County, Missouri. The land was owned by the Novel family, originally purchased by the family patriarch in 1904. Arthur and Stella Novel lived and farmed on the land until their deaths in the late 1960’s. The land, now owned by their descendants, had been vacant since 1968 until the time of the taking in February 2010. The property was acquired in order to construct a portion… read more

By
Posted in Condemnation Procedures, Eminent Domain, Offer & Compensation, Recent cases
Read more > 0

September 19, 2013

The Power of Eminent Domain: A Case Study Between Two States

In 2005 the Supreme Court held in Kelo v. City of New London that the general benefits of economic growth allowed the taking of private property for a private developer. The Court held that the economic development taking did not violate the public purpose clause of the Fifth Amendment. Since then, many states have adopted amendments to their Constitutions which narrow and specify the “public uses” for which property can be condemned. Virginia is one such state. The Virginia Assembly in 2007 enacted Chapters 882, 901 and 926. The legislation provided that… read more

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