Archive | Eminent Domain Abuse

We often discuss that attorneys’ fees are a necessary component of constitutional just compensation, especially when the condemnor excessively litigates, delays, and attempts to prevent the property owner from obtaining just compensation.  See New York Eminent Domain Procedure Law (“EDPL”) § 701; see also General Crushed Stone Co. v. State of New York, 93 N.Y.2d 23 (1999); Hakes v. State of New York, 81 N.Y.2d 392 (1993). On November 5, 2015, Florida’s highest court reiterated this fundamental necessity and held that “when a condemning authority engages in tactics that cause… read more

New York’s statute allowing reimbursement for legal and appraisal fees in eminent domain proceedings is Section 701 of the Eminent Domain Procedure Law.  The statute provides as follows: In instances where the order or award is substantially in excess of the amount of the condemnor’s proof and where deemed necessary by the court for the condemnee to achieve just and adequate compensation, the court, upon application notice, and opportunity for hearing, may in its discretion, award to the condemnee an additional amount, separately computed and stated, for actual and necessary… read more