Archive | 2014

Village of Haverstraw Trial in the News

The LOHUD journal has published an article discussing an abominable case of eminent domain abuse, which our firm is handling. The Condemnor is the Village of Haverstraw, and they have introduced a trial appraisal lower than the advance payment, potentially putting our clients in the position of having to produce a refund to the Village Condemnor. Gideon Kranner is quoted in the article as saying this strategy is called “sandbagging” and that it is a coercive technique that, unfortunately, many condemnation lawyers are accustomed to. The article can be read… read more

Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, New York
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Mike Berger Will be Honored with Brigham-Kanner Property Rights Prize

William & Mary Law School and the William & Mary Property Rights Prize announced that Mike Berger will be the 2014 Recipient of the Brigham-Kanner Property Rights Prize. Berger is a property rights lawyer, scholar, teacher, and Owners Counsel member. The William & Mary Property Rights Project presents the Brigham-Kanner Property Rights Prize each year to an individual whose work affirms that property rights are fundamental to protecting and preserving individual liberty. It is named in recognition of the lifetime contributions to property rights of Toby Prince Brigham, founding partner of Brigham… read more

Posted in Continuing Legal Education, Eminent Domain
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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

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

Posted in New York, Recent cases
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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

Posted in Eminent Domain, Eminent Domain Abuse, Highest and Best Use, New York, Offer & Compensation, Recent cases
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