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Archive | Condemnation Procedures

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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January 16, 2014

MO Court of Appeals Blocks Condemnation of Burger King

In a recent case, City of North Kansas City, Missouri v. K.C. Beaton Holding Company, WD76068 and WD76110 (Mo. Court of Appeals, Western District), the Missouri Court of Appeals denied an effort by North Kansas City to condemn a Burger King located at 1911 Armour Road. The City filed a petition to condemn the property on  March 12, 2012 as part of its efforts to redevelop a 57-acre area at the southeast corner of Armour Road and Interstate 29/35. The city argued that it had the power to condemn the property because it was… read more

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Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain Abuse
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October 31, 2013

The Burden of Proof in a Condemnation Case

States differ in their approach to the question of who has the burden of proof in a condemnation case, an issue discussed more thoroughly in Michael Rikon’s recent article published in the Practical Real Estate Lawyer. As Mr. Rikon explains, there are essentially three separate groups: those that have no burden of proof on the issue of damages, those that place the burden of proof on the claimant, and those that require the condemnor to prove its assay of damages. In New York, the burden of proof is on the… read more

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Posted in Condemnation Procedures, Eminent Domain, Highest and Best Use, New York, Offer & Compensation, Trial Preparation
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September 27, 2013

MO Supreme Court Upholds Constitutionality of Heritage Value Statute

The Missouri Supreme Court recently issued a decision affirming a $2.1 million payment for the taking of 15 acres of land in St. Louis County, Missouri. The land was owned by the Novel family, originally purchased by the family patriarch in 1904. Arthur and Stella Novel lived and farmed on the land until their deaths in the late 1960’s. The land, now owned by their descendants, had been vacant since 1968 until the time of the taking in February 2010. The property was acquired in order to construct a portion… read more

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Posted in Condemnation Procedures, Eminent Domain, Offer & Compensation, Recent cases
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September 19, 2013

The Power of Eminent Domain: A Case Study Between Two States

In 2005 the Supreme Court held in Kelo v. City of New London that the general benefits of economic growth allowed the taking of private property for a private developer. The Court held that the economic development taking did not violate the public purpose clause of the Fifth Amendment. Since then, many states have adopted amendments to their Constitutions which narrow and specify the “public uses” for which property can be condemned. Virginia is one such state. The Virginia Assembly in 2007 enacted Chapters 882, 901 and 926. The legislation provided that… read more

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Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, Future of the law, New York, Recent cases
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