Navigation

Archive | Condemnation Procedures

June 21, 2021

The Keystone Pipeline is Dead

The keystone pipeline was an oil pipeline system in Canada and the United States commissioned in 2010 and owned by TC Energy it was to run from the Western Canadian Sedimentary Basin in Alberta to refineries in Illinois and Texas and also to Cushing Oklahoma. The pipeline had significant opposition from environmentalists. In 2015, it was temporarily delayed by President Barack Obama. On January 20,2021 President Donald Trump took executive action to move the project forward. On January 2021 President Joe Biden signed an executive order to revoke the permit…. read more

By
Posted in Condemnation Procedures, Keystone Pipeline, Partial Takings
Read more > 0

December 21, 2016

IF REAL PROPERTY WAS CONDEMNED FOR A PUBLIC PURPOSE, MAY IT BE CONDEMNED AGAIN FOR ANOTHER USE?

Generally, a property presently used for a public purpose may not be condemned.  See New York, L. & W.R. Co. v Union Steam-Boat Co., 99 NY 12 (1885).  Nor may property owned by a higher sovereign be acquired without consent.  This is known as the prior public use doctrine.  As the New York State Court of Appeals has noted, “[t]o defeat the attainment of an important public purpose to which lands have already been subjected, the legislative intent must unequivocally appear.”  In re City of Buffalo, 68 NY 167, 175… read more

By
Posted in Condemnation Procedures, Eminent Domain
Read more > 0

July 13, 2016

How Much Time Does the Government Have to Take Your Property?

After the government determines to use eminent domain, how much time does the government have to take your property? First, the New York Eminent Domain Procedure Law (“EDPL”) § 207 provides for petitioning the appellate court to review a condemnor’s determination and findings of its proposed public project and proposed exercise of eminent domain.  This opportunity for judicial review may be reviewed by the Court of Appeals. After that process, EDPL § 401 provides for the time during which a condemnor may commence a proceeding to acquire the property necessary… read more

By
Posted in Challenging condemnation, Condemnation Procedures, Harlem Urban Renewal Project, Recent cases, Statute of Limitations
Read more > 0

November 9, 2015

New York Law Journal: New York’s Exclusive Procedure on “Taking” Needs Amendment

Michael Rikon authored a column in the October 30, 2015, edition of the New York Law Journal titled, “New York’s Exclusive Procedure on ‘Taking’ Needs Amendment.” In his article, Mr. Rikon discusses that, although New York’s Eminent Domain Procedure Law (“EDPL”), which was adopted in 1977, provides far superior protection in comparison to the procedures in other states, the EDPL is still overdue for study and amendment. Mr. Rikon notes that the EDPL is almost forty years old.  It is long in the tooth and in need of revision.  There… read more

By
Posted in Condemnation Procedures, Eminent Domain, Future of the law
Read more > 0

August 24, 2015

Harlem Urban Renewal, the Statute of Limitations, and the Doctrine of Stare Decisis

The Supreme Court, New York County recently issued an interesting  decision by the Hon. Shlomo S. Hagler. The case was in the Matter of City of New York, Fifteenth Amended Harlem-E. Harlem Urban Renewal Plan (East 125th Street), Stage 1. The Decision and Order was issued August 13, 2015 and dealt with several motions by the respondent condemnees, which will be discussed herein. The condemnees collectively included City Lights Properties Three LLC, 2305-07 Third Avenue LLC, 2017 East 125th Street LLC, and 205 East 125th Street LLC. The procedural background of… read more

By
Posted in Challenging condemnation, Condemnation Procedures, Harlem Urban Renewal Project, New York, Recent cases, Statute of Limitations
Read more > 0