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Archive | 2015

December 28, 2015

Rails-to-Trails Takings Claims

The nation’s interstate railway system is shrinking as railroads abandon track every year. The National Trails System Act Amendment of 1983 (the “Rails-to-Trails Act”) provides that trails should be established near urban areas and within scenic areas of the Nation for outdoor recreation “to promote the preservation of, public access to, travel within, and enjoyment and appreciation of the open-air, outdoor areas and historic resources of the Nation[.]”  16 USC § 1241, et seq. The purpose of the Rails-to-Trails Act is to preserve unused railroad rights-of-way by converting them into… read more

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Posted in Eminent Domain, New York, Rails-to-Trails
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December 10, 2015

Court Grants This Firm 100% of Requested Attorney Fees and Awards $241,740.67

On November 24, 2015, Justice Wayne P. Saitta of the Supreme Court of New York, Richmond County, awarded this firm 100% of its requested attorney fees, pursuant to the New York Eminent Domain Procedure Law (“EDPL”) § 701, in the total amount of $241,740.67.  Matter of City of New York [New Creek Bluebelt, Phase 4 (Paolella)], 2015 NY Slip Op. 51735(U), 2015 N.Y. Misc. LEXIS 4338 (Sup. Ct. Richmond County 2015). In this eminent domain proceeding, the City of New York (“City”) took our client’s property and made an advance… read more

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Posted in Additional Allowances, Recent cases, Regulatory Taking, Wetlands
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November 30, 2015

Computer Virus Constitutes “Good Cause” to Amend Appraisal

It is generally difficult to amend an appraisal in an eminent domain or tax certiorari proceeding.  The party attempting to amend an appraisal must show good cause, which is determined by the court’s discretion. 22 NYCRR § 202.61 controls the exchange of appraisal reports in New York Supreme Court eminent domain proceedings and states that “the court may, upon good cause shown, … allow an amended or supplemental report to be filed upon such conditions as the court may direct.”  § 202.61(a)(3).  The same language is used for amended appraisal reports in… read more

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Posted in Appraisers, Tax Certiorari
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November 18, 2015

The Decreasing Number of Appraisers

According to an article published in MarketWatch written by Amy Hoak, the number of real estate appraisers is falling.  This is not good news for the real estate industry or anyone purchasing a home. As condemnation lawyers, we rely heavily on real estate appraisers to prove the appropriate amount of just compensation.  According to Ms. Hoak, the ranks of real estate appraisers stand to shrink substantially over the next five years, which will mean longer waits, higher fees and even lower-quality appraisals as more appraisers cross state lines to value… read more

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Posted in Appraisers
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November 17, 2015

New York Law Journal Letters to the Editor: Correcting the Record on Eminent Domain Law in New York

Michael Rikon wrote a letter to the editor in the November 17, 2015, edition of the New York Law Journal titled, “Correcting the Record on Eminent Domain Law in New York.” In his letter, Mr. Rikon responded to Fred Kolikoff, a recently-retired New York City Law Department Assistant Corporation Counsel, who submitted erroneous letters to the editor in response to Mr. Rikon’s New York Law Journal eminent domain articles.  Mr. Rikon’s complete letter to the editor is reprinted here: This letter is written in response to the letter to the… read more

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Posted in Eminent Domain, Lawyers
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