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Author Archive | Michael Rikon

May 15, 2014

Recent Decision Values Atlantic Yards Property at 9 Million

Recent Decision Values Atlantic Yards Property at 9 Million Goldstein, Rikon, Rikon & Houghton recently received a decision awarding one of its clients $9,186,000, plus interest, for damages resulting from a fee taking which occurred on March 1, 2010 in connection with the Atlantic Yards development project. The property consisted of a 20,738 square foot lot, with frontage on Atlantic Avenue and a rear lot adjoining the Long Island Railroad tracks. The property was zoned M1-1 and was vacant at the time of title vesting. The case was tried by… read more

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Posted in Eminent Domain, Highest and Best Use, New York, Recent cases
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May 9, 2014

The Time Has Come to Stop the State’s Improper Deposit of Advance Payments

By: Jonathan Houghton Every State appropriation that we are aware of now starts with an automatic, unexplained deposit of the advance payment. This conduct is as egregious as it is pervasive. The State fails to provide any advance notice and refuses to tell the Claimant when the deposit was made or why. The Claimant first learns the “when” and the “why” when the State submits an Answer. And often times, the purported rationale is questionable. Unless a court intervenes and stops this improper conduct, the State’s automatic deposits of the… read more

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Posted in Eminent Domain Abuse, Future of the law, New York, Offer & Compensation
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April 23, 2014

Michael Rikon Authors NYLJ Article: “More on Discovery of Prior Appraisals”

Michael Rikon recently authored an article in the New York Law Journal discussing the use of prior appraisals in eminent domain litigation proceedings. In the article, Mr. Rikon explains under Eminent Domain Procedure Law section 303, the condemning authority must authorize an advance payment based on its highest approved appraisal. However, often times at trial, the condemnor will introduce a subsequent appraisal at a lower amount, exposing the claimants  to a potential judgment if the trial court accepts the state’s appraisal as the fair market value on title vesting date…. read more

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Posted in Condemnation Procedures, Eminent Domain, New York, Offer & Compensation, Published Articles
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April 18, 2014

Village of Haverstraw Trial in the News

The LOHUD journal has published an article discussing an abominable case of eminent domain abuse, which our firm is handling. The Condemnor is the Village of Haverstraw, and they have introduced a trial appraisal lower than the advance payment, potentially putting our clients in the position of having to produce a refund to the Village Condemnor. Gideon Kranner is quoted in the article as saying this strategy is called “sandbagging” and that it is a coercive technique that, unfortunately, many condemnation lawyers are accustomed to. The article can be read… read more

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Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, New York
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April 14, 2014

Mike Berger Will be Honored with Brigham-Kanner Property Rights Prize

William & Mary Law School and the William & Mary Property Rights Prize announced that Mike Berger will be the 2014 Recipient of the Brigham-Kanner Property Rights Prize. Berger is a property rights lawyer, scholar, teacher, and Owners Counsel member. The William & Mary Property Rights Project presents the Brigham-Kanner Property Rights Prize each year to an individual whose work affirms that property rights are fundamental to protecting and preserving individual liberty. It is named in recognition of the lifetime contributions to property rights of Toby Prince Brigham, founding partner of Brigham… read more

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Posted in Continuing Legal Education, Eminent Domain
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