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Archive | 2020

December 16, 2020

THE PUBLIC’S RIGHT TO SPEAK AT A PUBLIC HEARING

Before any property is condemned in New York, Article 2 of the Eminent Domain Procedure Law must be complied with.  Article 2 of New York’s Eminent Domain Procedure Law sets forth the prescribed way that property is to be acquired by eminent domain.  EDPL Section 201 provides that there must be public hearings for both state and nonstate takings at a location reasonably proximate to the property.  It is essential that notice be given by publication and by personal service or certified mail, return receipt requested, to each assessment record… read more

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Posted in EDPL 201, EDPL 204(B), Public Hearing
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December 1, 2020

What Happens to Title of Real Estate Upon Condemnation?

Upon the vesting of title in a condemnation proceeding, all lien interests in the subject property by virtue of mortgages, unpaid taxes, or unsatisfied judgments are extinguished.  However, substituted in their place are equitable liens against the condemnation award to the extent of each lien and interest as of the date title vested.  County of Rockland v Kohl Industrial Park Co., 172 AD2d 607 (2d Dept 1991). There is, however, one lien which has a super priority.  The attorney who created the fund by litigation the condemnation claim has not… read more

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Posted in Attorney's Charging Lien, Condemnation, Equitable Ownership, Title
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November 20, 2020

Never Be Bound by What the Condemnor Declares in a Taking

We witness more and more State appropriations where the NYDOT declares on its appropriation map that the taking is “Temporary.”  Yet, after the filing of the map and ergo the appropriation, the State alters the land in such a way that it is severely damaged.  The new roadway may limit access onto the remainder; it may reduce parking, or otherwise permanently physically alter the property. The scope of an easement is generally determined by the four corners of the taking documents themselves.  LIRR v LILCO, 64 NY2d 1088, 1089 (1985). … read more

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Posted in Condemnation, Easements, Loss of Access, Partial Takings
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November 12, 2020

What If I Don’t Want To? Government’s Ability to Make You Take A Vaccine.

There are presently over 200 COVID-19 vaccines being tested on human beings.  None are approved at this time, but several pharmaceuticals have reported very promising results from their candidates.  At the same time as this remarkable success, America has encountered a resistance to taking any vaccine.  Recent polls indicate that almost 40 percent of the country have concern about a vaccine. When the Polio vaccine was circulated in 1955, there was significant opposition.  In fact, it wasn’t until Elvis Presley had the shot that the public consented. If 40 percent… read more

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Posted in COVID 19 Vaccines, Emergency Power, Police Power
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November 10, 2020

How Do I Get to The Beach?

The Hawaii Tribune Herald reported that the Hawaii County Council passed a resolution to take a portion of Papaikou property through eminent domain in order to provide public access to Mill Beach. An earlier attempt to condemn the access was dismissed on technical grounds. Hawaii law guarantees public access to the ocean and shorelines.  The owners will challenge the case. Beach access is a subject we follow closely.  I represent the Town of East Hampton as Special Counsel.  We are awaiting the decision of the Appellate Division, Second Department in… read more

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Posted in Beach Access, Condemnation, Title to Beach
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