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Author Archive | Michael Rikon

December 7, 2021

East River Park – A Park Not Protected by the Public Trust Doctrine

Some two years ago, on May 9, 2019, I wrote about the Public Trust Doctrine in this blog.  I reported the Court of Appeals’ decision in Matter of Glick v Harvey, 25 NY3d 1175 (2015) where the Court affirmed decisions of lower courts enjoining New York University from beginning any construction with its expansion project that would result in any alienation of three parcels of land found by the Court to be public parkland, unless and until the State Legislature authorizes the alienation of any parkland to be impacted by… read more

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Posted in parklands, Public Trust
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November 30, 2021

The Infrastructure Package Means Business for Real Estate Investors

After much debate, President Joe Biden signed a $1.2 billion infrastructure bill (H.R. 3684) into law, finalizing a key part of his economic agenda.  The vote in the senate was uncommonly bipartisan; the yes votes included Senator Mitch McConnell of Kentucky, the Senate Republican Leader and 18 other Republicans. Funding for Roads and Bridges The legislation calls for investing $110 billion for roads, bridges and major infrastructure projects.  That’s significantly less than the $159 billion hat Biden initially requested in the American Jobs Plan. Included is $40 billion for bridge… read more

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Posted in Construction, Eminent Domain, Infrastructure Package
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November 9, 2021

The Environmental Rights Amendment: Additional Ammunition in Challenging a Proposed Condemnation

The new Environmental Rights Amendment was adopted on November 2, 2021.  The amendment adds Section 19 to Article I of the New York State Constitution and provides, “Each person shall have a right to clean air and water, and to a healthful environment.”  The amendment is effective January 2022. The Environmental Rights Amendment is part of Article I, the New York Bill of Rights. As set forth in a blog, “E2 Law Blog” written by David Mandelbaum, Esq. and Steven C. Russo, Esq. on November 8, 2021, the Bill of… read more

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Posted in Challenges to Condemnation, EDPL Sec. 207, Environmental Rights Amendment, SEQRA
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November 2, 2021

Prior Takings as Creating Collateral Estoppel – Not So Fast!

What happens when property was condemned and the condemnor raises its ugly head to condemn again at a later time?  It happened once upon a time in Queens.  In 1979, the Metropolitan Transit Authority (MTA) acquired an easement for the purpose of routing a New York City Subway tunnel through a portion of 26-29 Northern Boulevard, Long Island City.  The parcel was vacant land and consisted of 130,293 square feet.  The property was owned by Peerless Weighing and Vending Machine Corp.  Now, a separate blog can be written about Peerless. … read more

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Posted in Collateral Estoppel, Highest and Best Use, Partial Takings
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October 26, 2021

Don’t Touch That Tree! Tree Mitigation Regulations May Constitute a Dolan Taking

Professor Robert Thomas in his indispensable blog “inversecondemnation.com” reports that U.S. Court of Appeals’ Opinion in F.P. Development, LLC v Charter TWP of Canton, No. 20-1147 (Oct. 3, 2021) in which the Court affirmed the district court’s grant of summary judgment to the property owner on its unconstitutional conditions taking claim. The Township had a tree ordinance which prohibits property owners from removing trees on their land without the Town’s permission, and also requires owners to either replace any trees removed or pay between $300 – $450 into the tree… read more

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Posted in Dolan Taking, Tree Mitigation, Tree Regulation
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