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Author Archive | Michael Rikon

June 5, 2020

Manalapan Farm Owner’s Condemnation Award of $4.5 Reversed as “Miscarriage of Justice”

The Asbury Park Press reported yesterday that the State Supreme Court reversed a jury award of $4.5 million to a farm owner.  According to his counsel, the Town took the property to prevent its development.  The farmer had been seeking to sell the property for housing development which the Township opposed.  The Town thought it would be a good property for the Township to own for recreational expansion.  This certainly is not a condemnation for a public purpose.  Taking property to stop its development is not a lawful taking.  A… read more

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Posted in Appraisal, Evidence, Re-zonings
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June 1, 2020

Border Wall Land Grabs

The New York Times reported on May 30, 2020 that the Trump administration is accelerating efforts to seize private property for Trump’s border wall.  The government is taking advantage of the coronavirus pandemic to survey land while its owners are confined indoors.  This blog has written about the wall before.  How’s the Wall Going? February 10, 2020; How’s Your Wall Going? Part II, February 27, 2020.  These blogs discussed the destruction of protected saguaro cactuses which can live for 200 years.  It’s a crime to cut down a saguaro, punishable… read more

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Posted in Border Wall, Native American Sites, Texas
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May 28, 2020

I KNOW THERE IS A PANDEMIC, BUT WHO COMPENSATES ME FOR MY LOSSES? PROPERTY RIGHTS v POLICY POWER

When government directly takes or inversely takes private property, our Federal and State Constitutions require the payment of just compensation.  But when property is taken for an emergency, the result may be different.  The federal government has an inherent “police power” to seize property without providing just compensation. The coronavirus (COVID-19) crisis is unprecedented.  In the United States, as of May 21, 2020, 93,439 people have died.  At least 1,551,853 cases of the disease have been recorded according to Johns Hopkins University.  The disease is extremely infectious and has spread… read more

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Posted in Covid-19, Property Rights
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May 21, 2020

Texas Bullet Train Speeds Along

We have written before about the Texas Bullet Train. (The Saga of the Texas Bullet Train, March 9, 2020). The proposed train spans a large area in Texas. It will be able to transport riders from Houston to Dallas in 90 minutes. There is strong opposition to the railroad by property owners in areas in between the cities who fear their property will lose substantial value in partial takings for the track. This is a true “consequential damage” similar to having a high voltage power line in one’s backyard. The… read more

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Posted in Bullet Train, Consequential Damages, Severance Damages
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March 10, 2020

What’s More Important, Fire Island’s Beach Replenishment or Mar-a-Lago’s Beach?

          We wrote about the Fire Island beach replenishment on August 6, 2019, “Shame on You Suffolk County: The Attempt to Steal Just Compensation.”  As was then stated, the takings on Fire Island were the result of a federal study which followed Hurricane Sandy.           The study, Inlet Stabilization Fire Island Inlet to Moriches Project Report, US Army Corps of Engineers, June 2014, stated the dune was to protect Fire Island and, in addition, the back-bay area of the South Shore opposite Fire Island.  (Ibid. 1.2.2).  It was established that… read more

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Posted in Beach Replenishment, Dune Repair, Fire Island, Uncategorized
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