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Archive | Eminent Domain

June 4, 2013

How to Locate the Best Condemnation Attorney

Attorney Advertising By:  Michael Rikon You say your cattle ranch in Montana is about to be taken in an eminent domain proceeding for a wind energy development project? What now? Should you call upon a lawyer who advertises on Google, or locate the best condemnation lawyer in that state? We think the latter. Condemnation cases are unique to each state’s law. You need an experienced trial lawyer who has the ability to hit the road running. Otherwise, you are looking for trouble. Condemnation judgments are rarely modified on appeal. As… read more

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Posted in Eminent Domain, New York
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May 16, 2013

Willets Point Held Entitled to Reimbursement of Legal and Expert Fees

By: Michael Rikon and Jamie Sinclair As a result of a decision by the Honorable Jaime A. Rios of Supreme Court, Queens County, dated April 25, 2013, Willets Point was awarded the reimbursement of attorneys fees and expenses against the City. The EDPL authorizes, in the event that a procedure to acquire property is abandoned (or a court determines the condemnor was not legally authorized to acquire the property), the reimbursement for a condemnee’s actual and necessary costs, disbursements, and expenses (including attorney fees, appraisal fees, engineering fees, and other… read more

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Posted in Challenging condemnation, Condemnation Procedures, Eminent Domain, New York, Recent cases
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May 2, 2013

Basics of Property Valuation in Condemnation Proceedings

The rule that real property is valued at its highest and best use free and clear of leases, mortgages or other encumbrances regardless of actual use is so fundamental that almost every eminent domain decision begins with a recitation of it. Firstly, the act of condemnation extinguishes any interest on the property. In 1931, the Court of Appeals wrote,  In Matter of City of New York (Allen Street), “the City pays for what it takes and nothing else.  By such taking it extinguishes all existing rights and interests in the property taken.” … read more

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Posted in Condemnation Procedures, Eminent Domain, Highest and Best Use, Leases, New York, Offer & Compensation, Recent cases, Zoning
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April 24, 2013

A Condemnor Cannot Limit Just Compensation Because of a Planned Condemnation

The concept of limitation to one group of owners compared to others because of a proposed condemnation constitutes an unconstitutional denial of equal rights. We see this in cases where there has been a rezoning, but because parcels were to be taken in the exercise of eminent domain, the benefit of the up-zoning is denied. In Matter of City of New York (Inwood Hill Park Addition), 230 AD 31 (1st Dept 1930), afd. 256 NY 556 (1931), the Court held that there may be no deprivation of the right to submit any element of value which a… read more

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Posted in Eminent Domain, Highest and Best Use, New York, Uncategorized, Zoning
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