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Author Archive | Michael Rikon

August 6, 2020

Lawsuit Seeking Compensation for Mandatory Store Closures – Who’s Going to Pay for My Loss?

Illinois’ attorney general asked a federal judge Monday to dismiss a lawsuit alleging Gov. J.B. Pritzker’s executive orders closing nonessential businesses and workplaces are unconstitutional. A group of Chicagoland business owners argued the governor’s COVID-19 restrictions amount to the confiscation of private property without monetary compensation.  Such an action would violate the U.S. and Illinois constitutions, they say. Those orders “caused the seizure of property, business interests and livelihoods of individuals across the state, forcing indefinite closures and the layoff of hundreds of thousands of people,” according to the group’s… read more

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Posted in Pandemic, Police Power, Takings, Uncategorized
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July 28, 2020

Who’s in Charge Here: The Province of the Trial Court in a Condemnation Case

New York is one of only three states in the nation that does not allow trial by jury in an eminent domain case.  All claims against the State of New York and certain other state authorities have exclusive jurisdiction in the Court of Claims where, regardless of the nature of the claim, there are no jury trials.  Appropriation claims in the Court of Claims are certainly included and are tried by a Court of Claims Judge.  Other condemnation matters must be tried by a Justice of the Supreme Court.[i]  This… read more

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Posted in Decision by Jury, Trial, Uncategorized
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July 16, 2020

Taking an Ancient Mound Access

The Ohio Supreme Court will hear a country club’s appeal of orders that it provides public access to the state historical agency to ancient burial mounds.   The lower courts ruled that the Ohio History Connection can reclaim the lease for the 2,000-year-old Octagon Mounds from Moundbuilders Country Club by eminent domain.   The Ohio History Connection has leased the 134-acre property to Moundbuilders where golf has been played since 1910.  The agency wants to buy back the lease and convert the property to a park to improve public access… read more

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Posted in Access, Historic Burial, Site, Uncategorized
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July 7, 2020

The Atlantic Coast Pipeline is No Mas

The natural gas project which would have crossed the Appalachian Trail has been canceled as delays and costs mount.  This blog has reported on the pipeline frequently.  See “The Atlantic Coast Pipeline. Bulldozers at Your Doorstep,” June 16, 2020.  At that time, it was noted that the U.S. Supreme Court ruled that the Atlantic Coast Pipeline can traverse sixteen miles within the George Washington National Forest.  The case, U.S. Forest Service v Cowpasture River Prevention Assoc., 590 US ___ (2020) considered the grant of a special permit from the Forest… read more

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Posted in Appalachian Trial, Pipelines, Sioux Nation, Uncategorized
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June 29, 2020

The Court of Appeals Upholds a Pipeline that May Never Be Built

The Court of Appeals handed down a 25-page decision on June 25, 2020 that approved the condemnation of private property for a pipeline that may never be built. In 2017, the Federal Energy Regulatory Commission issued a Certificate of Public Convenience and Necessity to National Fuel Gas Supply for its proposed construction of a 99-mile natural gas pipeline spanning from Pennsylvania to Western New York. The issue before New York’s highest court was did the Certificate of Public Convenience and Necessity which did not condition Natural Fuel’s eminent domain power… read more

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Posted in EDPL 204(B), FERC, Pipelines, Water Quality Certificate
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