Archive | Distribution Proceeding

Eminent Domain and New York’s Requirement for an Advance Payment: Stop the Monkey Business

We wrote on several occasions of the State of New York’s improper conduct of depositing the authorized advance payment into the State’s Comptroller’s Office. 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 advance payment will continue unabated and a… read more

Posted in Advance Payments, Distribution Proceeding, Eminent Domain
Read more > 0

MONKEY BUSINESS WITH THE ADVANCE PAYMENT

          New York’s Eminent Domain Procedure Law (EDPL) provides that a condemnor must make an advance payment to a former owner in the amount of its highest approved appraisal.  (EDPL Sec. 304).           The statute contemplated payment of the advance payment to the owner except in three circumstances: (1) Where there is a potential conflict of title or dispute as to who is entitled to receive the payment; (2) where more than 90 days have passed following vesting of title in the condemnor and an agreement has not been reached;… read more

Posted in Advance Payment Agreement, Advance Payments, Distribution Proceeding, Uncategorized
Read more > 0