Author Archive | Michael Rikon

Supreme Court Nixes Moratorium on Evictions

Millions of Americans around the Country face the prospect of losing their homes after the Supreme Court, on August 26, 2021, rejected the Biden Administration’s federal moratorium on evictions. The moratorium was imposed by the Centers for Disease Control and Prevention (CDC) on eviction of any tenants who live in a county that is experiencing substantial or high levels of Covid-19 transmission and who make certain declarations of financial need. Simply stated, the District Court correctly held that congress did not authorize the action that the CDC had taken. The… read more

Posted in Eviction Moratorium, Landlord-Tenant, State Law
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Eminent Domain Significant Tool for Municipal Services “Going Concern” Valuation

A news story reports that the owner of White’s Ferry on the Potomac River wants the Loudoun County Board of Supervisors to exercise eminent domain over the private Virginia property where the ferry is docked.  The owner of the Virginia land was not willing to renew the lease. An owner must be aware of the government’s power of eminent domain if their properties are used to provide public services.   Fifth Avenue Coach Lines, Inc. v City of New York, 11 NY2d 342 (1962) is one example.  In Fifth Avenue Coach,… read more

Posted in Condemnation, Going Concern Valuation, Municipal Services
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Now that Andy is Gone, What Happens to his Projects

The Real Deal featured an article that Governor Andrew Cuomo’s resignation leaves an air of uncertainty hanging over several large scale projects significant to the real estate industry. Earlier in the year, the Governor outlined a $306 billion dollar infrastructure spending plan that involved an array of projects across New York. The article focused on three key projects. Empire State Complex The plan called for a $1.3 billion dollar redevelopment and expansion of Pennsylvania Station as well as development of some 20 million square feet of mostly office space around… read more

Posted in AirTrain, Andrew Cuomo, Empire Station Complex, Infrastructure Plan, Port Authority Bus Terminal
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Racism and Eminent Domain

An old case which has sparked national “condemnation” was the 1924 taking of “Bruce’s Beach” in Manhattan Beach, California.  The resort was established by Willa and Charles Bruce in 1912.  It was a destination where black tourists could swim, dance, eat and rest. The City claimed that it needed the property for a public park, but left it undeveloped.  Today it is used to train lifeguards. Manhattan Beach has been grappling with the history of Bruce’s Beach for years. The Los Angeles County Board of Supervisors voted unanimously to begin… read more

Posted in Eminent Domain, Racism
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Holy Mango! Statute That Allows Creditor to Seize Property from Third Party Is a Taking.

Who else but inversecondemnation.com would discuss a case dealing with dried fruit, from Guam no less?  The case is Western Sales Trading Co. v Genpro Int’l, Inc. (Guam), No. CVA 19-023 (July 28, 2021).  The Court held that a Guam statute permitting a judgment creditor to take property from a third party was a taking. Under the statute, a Guam judgment creditor is specifically authorized to file a motion for an order to show cause to compel any person who holds the assets of the judgment debtor to turn over… read more

Posted in Creditor Turnover, Fifth Amendment, Public Use
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