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Archive | Eminent Domain

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

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Posted in Condemnation Procedures, Eminent Domain, Future of the law
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September 30, 2015

There is no Inflexible Formula to set Just Compensation

Eminent domain is not your typical litigation.  The former owner did not ask for its property to be taken for a public purpose. This is the reason that several decisions have pointed out that what may be normal in litigation between private parties does not apply in a condemnation proceeding which involves a claim protected by our constitutions.  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… read more

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Posted in Appraisers, Eminent Domain, Valuation
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September 10, 2015

Taking Your Property for Extractable Gas

A news story published September 8, 2015 in the Martinsville Daily reports the progress of a bill working its way through the West Virginia Legislature. The new law will allow the use of eminent domain to capture the northern gas fields of West Virginia which are currently owned by private citizens. It will compel forced pooling. The fields have extractable gas 6,000 feet under the surface. If the bill becomes law, the government could eventually take the property. Currently, West Virginia State Law precludes gas companies from drilling wells if… read more

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Posted in Eminent Domain, Eminent Domain Abuse, Energy, Hydrofracking
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August 14, 2015

Blue Island Development, LLC v Town of Hempstead, An Inverse Condemnation

The Appellate Division, Second Department handed down the Blue Island decision on August 12, 2015 (2015 NY Slip Op 06488). The decision can be read by clicking here: Blue Is. Dev., LLC v Town of Hempstead. The decision sets forth an interesting case dealing with a taking claim which arose because of the imposition of a restrictive covenant upon the granting of a zoning change. Blue Island Development acquired a parcel of land which had been used as an oil storage facility. It intended to remediate the environmental contamination and… read more

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Posted in Eminent Domain, Inverse Condemnation, Zoning
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July 17, 2015

Appellate Division Decides Mazur Brothers v State: Verified Petition Issue

The Appellate Division Second Department issued a decision on July 15, 2015 where it reversed the order of the Court of Claims (Ruderman, J.,) dated November 13, 2013, which dismissed Mazur Brother’s Petition for lack of subject matter jurisdiction. The Appellate Division reinstated the Petition as it concluded that service of the Petition without a verification did not constitute an incurable “jurisdictional” defect. The background of the matter is as follows: Claimant Mazur Brothers Realty, Inc. filed a Verified Petition seeking to recover money owed from New York State’s appropriation… read more

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Posted in Eminent Domain, New York, Recent cases
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