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Author Archive | Michael Rikon

April 24, 2018

WHAT A JUDGE SHOULD DO IF THE APPRAISAL IS DEFECTIVE

In a recent case, the appraisal prepared by Claimant specifically set forth a complete narrative of how the damages to the property occurred together with an analysis and calculations. The appraisal further calculated the before and after results following the takings. An appraisal is not the substitute for witnesses’ testimony. Case law emphatically holds than an appraisal is not the substitute for an expert’s direct testimony. The appraisal report is not in itself evidence; its function is to enable adequate and intelligent preparations of the issues for trial and to… read more

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Posted in Appraisal, Defective Appraisal, Evidence
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December 27, 2017

ANOTHER THING ABOUT MATTER OF TOWN OF OYSTER BAY v 55 MOTOR AVENUE COMPANY, LLC

In our last posted blog, we criticized the Second Department’s decision in the above case for confusing what is necessary to prove a reasonable probability of rezoning and the ability to develop land pursuant to a special permit. But there is another problem with the Appellate Division’s decision.  It held that although three parcels were physically contiguous and had unity of ownership, parcel 3 could not be considered as having unity of use because the claimant had entered into a ground lease for parcel 3 seventeen months before the vesting… read more

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Posted in Highest and Best Use, Unity of Ownership, Valuation Free and Clear
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December 18, 2017

THE APPELLATE DIVISION SHOULD GIVE DEFERENCE TO A CONDEMNATION COURT AND BE CORRECT ON THE LAW BEFORE MODIFYING AN AWARD

It is well established that where the trial court’s findings of fact rest in large measure on considerations relating to the credibility of witnesses, deference is owed to the trial court’s credibility determinations.  Gerard v Cahill, 194 AD3d 813, 815 (2d Dept. 2017). In one condemnation case which arose as a result of a taking for the Atlantic Yards project in Brooklyn, the trial court, Justice Wayne Saitta, heard the testimony of many expert witnesses including appraisers, zoning experts, cost estimators, hotel experts, and professional engineers, and determined that a… read more

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Posted in Deference to Trial Court, Special Permit, Zoning Change
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November 20, 2017

THE ENTIRE FIRM IS ATTENDING THE EMINENT DOMAIN ALI-CLE CONFERENCE

  Goldstein, Rikon, Rikon & Houghton, P.C. is proud to be a sponsor of this year’s Eminent Domain and Land Valuation Conference to be held on January 25-27, 2018 in Charleston, South Carolina.  Every lawyer in the firm will be in attendance. Jonathan Houghton will be speaking on the Second Avenue Subway valuation issues in transportation corridor construction.  Michael Rikon will speak on cross-examination of experts: Preparation, Mistakes and Getting It Right. The faculty consists of over 50 speakers who are experts in the law of eminent domain from across… read more

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Posted in ALI-CLE Conference, Eminent Domain
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October 19, 2017

ANOTHER POORLY CONSIDERED CONDEMNATION

On October 2, 2017, the Honorable Bruce E. Tolbert, sitting as a Rockland County Supreme Court Justice, entered a decision and order awarding our clients, The Ray River Co., Inc. and Haverstraw Riverfront, Inc., $8,950,000 plus interest from March 27, 2008.  That is a 56% increment.  Jonathan M. Houghton tried the claim, assisted by Ashley Levi. The Condemnor, Village of Haverstraw, made an advance payment of $1,190,000.  At trial, it introduced an appraisal valuing the 9.7 acres of vacant land on the Hudson River at $2.1 million. The property never… read more

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Posted in Condemnation, Wrongful Condemnation
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