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Author Archive | Michael Rikon

March 11, 2013

Ramfis Realty: The Battle to Delineate Wetland Boundaries

This post is authored by Michael Rikon. Ramfis Realty, Inc. v. The City of New York, is a written decision published at 37 Misc.3d 1207(A), in which a Brooklyn Judge sitting in Supreme Court of Richmond County corrected a major abuse by the New York State Department of Environmental Conservation (DEC). The two main issues that existed at trial were whether a potential buyer would have been permitted to build under a Consent Order entered into between the DEC and the owner, and where the exact boundaries between the wetland… read more

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Posted in New York, Wetlands
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March 1, 2013

Pre-vesting Offers and the Duty to Negotiate

A recent case decided by the New Jersey Appellate Division has highlighted the rule that condemning municipalities do not have a duty to negotiate with mortgagees when condemning a property on which they hold an interest. Borough of Merchantville v. Malik & Son, LLC, handed down on February 5th, specifically held that the condemning municipality was only required to conduct pre-complaint bona fide negotiations with the record owner of the property.* Thus, the municipality did not have to conduct negotiations with the assignee of a mortgagee which had obtained a final judgment of foreclosure. A little bit of… read more

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Posted in Condemnation Procedures, New York, Offer & Compensation, Recent cases, Uncategorized
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February 21, 2013

An Irrational Public Purpose Taking is Not a Violation of Due Process

By: Michael Rikon Sometimes when you read a case you just want to run head first into a brick wall. That’s the feeling we had when we read the Second Circuit’s recent decision in Matter of 49 WB v Village of Haverstraw in an unpublished summary order. The Second Circuit was reviewing de novo the district court’s granting of summary judgment for defendant-appellees (Village of Haverstraw) and denying 49 WB’s cross-motion for partial summary judgment as to liability. 49 WB argued, based on the Appellate Division’s determination regarding the attempted condemnation of… read more

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Posted in Challenging condemnation, Eminent Domain, New York, Recent cases
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February 19, 2013

Corridor Valuation

Written by M. Robert Goldstein and Michael Rikon. Recently, Goldstein, Rikon, Rikon & Houghton, P.C. partner Jonathan Houghton won an extraordinary case of first impression on a cross-appeal dealing with the issue of corridor valuation. Corridor valuation, discussed at length below, deals with the proper valuation methodology used by a court when the land which is condemned is part of a railroad corridor. Many early cases involving eminent domain involved railroads exercising their right of condemnation, such as South Buffalo Ry. v Kirkover, 176 N.Y. 301 (1903), which established the… read more

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Posted in Cases of First Impression, Eminent Domain, Future of the law, New York
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February 5, 2013

N.C. Bill Seeks to Limit Impact of Kelo Decision

N.C. Rep. Chuck McGrrady introduced legislation this week to amend the North Carolina State Constitution to limit the government’s condemnation powers, specifically prohibiting condemnation of private property except for public use, and providing for the right to just compensation and a trial by jury in all condemnation cases. The bill is a direct response to the U.S. Supreme Court Decision in Kelo v. New London, Conn. (2005) which liberalized the  test for eminent domain, providing that the government may force the sale of property if it was for a”public purpose” or “public benefit.” According to… read more

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Posted in Eminent Domain, Eminent Domain Abuse, Legislation
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