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Archive | Eminent Domain

June 29, 2015

Horne v Dept of Agriculture: A Possible Aid to Obtaining Compensation for Trade Fixtures

On Monday June 22, 2015, the United States Supreme Court handed down the long-awaited decision in Horne, et al. v Department of Agriculture. The Court held that the Agriculture Marketing Agreement Act (“AMA”)’s requirement that raisin growers set aside a certain percentage of their crop for the government, free of charge, constituted an unconstitutional taking under the takings clause of the 5th Amendment to the U.S. Constitution. This case presented a unique set of facts. Under the AMA, the Secretary of Agriculture is authorized to promulgate “marketing orders” that help… read more

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Posted in Eminent Domain, Future of the law, Personal Property, Recent cases, Trade fixtures, US Supreme Court cases
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June 25, 2015

Matter of City of New York (Staten Island Land Corp.)

The Supreme Court, Richmond County (Hon. Wayne P. Saitta) recently issued a decision valuing wetlands located in Stated Island that were acquired as part of the New Creek Bluebelt Phase 3 project. The case is Matter of City of New York (New Creek Phase 3), Sup. Ct., Richmond Cty, Hon. Wayne P. Saitta, Index No., 4013/06. The property at issue was acquired by the City on November 3, 2006. The total area taken was 45,208 square feet, which included a non-contiguous lot (lot 14) of approximately 5,203 feet.The property was… read more

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Posted in Eminent Domain, New York, Offer & Compensation, Valuation, Wetlands
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May 20, 2015

Blau Rock LLC v State of New York

The Hon. Thomas H. Scuccimarra authored an excellent decision recently in the New York Court of Claims: Blau Rock LLC v State of New York. At issue was the amount of interest due on the deposit of an advance payment owed to Claimant Blau Rock LLC (“Blau Rock” or “owner”) for the acquisition of a portion of its property in connection with the construction of the Palisades Trailway. The specific background of the case is as follows. Under Eminent Domain Procedure Law 304(A), when a Condemnor acquires property, it must make… read more

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Posted in Advance Payment Agreement, Advance Payments, Eminent Domain, Litigation, New York, Recent cases
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May 13, 2015

The Second Higher Appraisal: Stop the Games and Produce it

A recent, unanimous decision of the Virginia Supreme Court held that a prior appraisal used for the payment of an advance payment should have been admitted in evidence as an admission. Ramsey v Commissioner of Highways, __ Va. ___ (Record number 140929). The  full decision of the Court can be read here. The facts were fairly simple. The Ramseys owned a parcel of land in the City of Virginia Beach. The Highway Department took a portion of the land for Route 264. Prior to the taking, the Condemnor valued the… read more

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Posted in Advance Payments, Eminent Domain, Eminent Domain Abuse, Offer & Compensation, Recent cases, Sandbagging
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March 24, 2015

The Trial of an Eminent Domain Claim in New York

An eminent domain case has special standing in New York Jurisprudence.  A condemnation taking is a forced sale of property.  The claim for damages arising from such a taking is constitutionally protected by both the United States and New York State Constitutions.  Because of the “despotic power” of eminent domain and the condemnor’s constitutional obligation to pay the full value of the property, the condemnor’s duty in eminent domain cases is not to win at all costs, but to do justice. Just as the Government’s interest in a criminal prosecution… read more

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Posted in Eminent Domain, Litigation, New York
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