Archive | Special Benefits

Takings for Protective Dunes from Flagler to Fire Island

Flagler County, Florida announced that it would institute a condemnation proceeding to take 2,500 square feet of sand to enable the U.S. Army Corps of Engineers to rebuild dunes along 2.6 miles of beachfront in Flagler Beach.  The dunes are expected to prolong the life of the barrier island against rising seas, especially the homes and businesses along A1A. The condemnation is necessary because the owner refused to grant an easement like 100 other property owners did. The government argues that the easement changes nothing about property owners’ rights.  It… read more

Posted in Dunes, Severance Damages, Special Benefits
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Special Benefits – Special Nonsense

In a very comprehensive decision, the Honorable John J. Leo discussed, among many legal issues, special benefits.  The decision, Freudenberger v County of Suffolk, Index No. 606055/16 (Suff. Co. April 5, 2021), the Court awarded $172,302 in a taking by the County on Fire Island for the reconstruction of Fire Island’s barrier beach and dune network.  The intent of the project was to protect the sand dunes by taking easements to construct flood hazard risk reduction measures.  The County’s total appraised damages for the 2,558 square feet of property was… read more

Posted in Condemnation, Fire Island, General Benefits, Special Benefits
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