February 10, 2016
The Appellate Division, Second Department has reversed the dismissal of a trade fixture claim and remitted the matter to the trial court. See Matter of Village of Spring Val., N.Y. (Sport club International, Inc.) 2016 NY Slip Op 00985 http://www.nycourts.gov/reporter/3dseries/2016/2016_00985.htm
January 19, 2016
On January 13, 2016, Michael Rikon gave a roundtable luncheon speech to some of Staten Island’s most prominent real estate developers about New York City’s (“City”) storm water program for Staten Island and how the City chose to condemn wetlands instead of constructing storm sewer lines. The storm water program, the “Bluebelt,” encompasses 16 watersheds and approximately 12,000 acres. Once the City chose a wetland parcel to condemn, the New York State Department of Environmental Conservation would not issue a wetland permit for that parcel. Mr. Rikon discussed the City’s… read more
January 4, 2016
As Justice Thomas A. Dickerson stated, in Matter of Irvington v Sokolik, 13 Misc3d 1220 [Sup. Ct. West 2006], “a condemnation proceeding is not a private litigation. There is a constitutional mandate upon the court to give just and fair compensation for property taken. This means just to the claimant and just to the people who are required to pay for it.” Yaphank Development Co., Inc. v County of Suffolk, 203 AD2d 280, 609 NYS2d 346 [2d Dept 1994]. Notwithstanding the requirement of just compensation, Condemnors have consistently made low… read more
December 28, 2015
The nation’s interstate railway system is shrinking as railroads abandon track every year. The National Trails System Act Amendment of 1983 (the “Rails-to-Trails Act”) provides that trails should be established near urban areas and within scenic areas of the Nation for outdoor recreation “to promote the preservation of, public access to, travel within, and enjoyment and appreciation of the open-air, outdoor areas and historic resources of the Nation[.]” 16 USC § 1241, et seq. The purpose of the Rails-to-Trails Act is to preserve unused railroad rights-of-way by converting them into… read more
November 17, 2015
Michael Rikon wrote a letter to the editor in the November 17, 2015, edition of the New York Law Journal titled, “Correcting the Record on Eminent Domain Law in New York.” In his letter, Mr. Rikon responded to Fred Kolikoff, a recently-retired New York City Law Department Assistant Corporation Counsel, who submitted erroneous letters to the editor in response to Mr. Rikon’s New York Law Journal eminent domain articles. Mr. Rikon’s complete letter to the editor is reprinted here: This letter is written in response to the letter to the… read more
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