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Archive | Eminent Domain

April 30, 2019

TRUMP’S WALL – A MIRAGE IN THE DESERT

          Donald Trump has made building a wall along the southwest border a cornerstone of his administration.  Trump has misappropriated government funds including $3.6 billion in money which was allocated for military construction to build the wall, but there is one necessary element missing, “the land.”  Congress – even while under Republican control, has repeatedly refused to appropriate the money demanded by the President to fund the project.           There are 1,350 miles of the southern border which is unfenced.  He originally wanted to fence 1,000 miles, but has reduced… read more

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Posted in Border Wall, Ineffective Eminent Domain, Property Rights, Uncategorized
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April 22, 2019

SOMETHING IS ROTTEN IN THE COUNTY OF ROCKLAND: The corrupt process of exercising the awesome power of eminent domain.

          Recently, the Second Department affirmed an additional allowance pursuant to EDPL Sec. 701 to the extent of awarding $233,391.46.  Matter of Village of Spring Valley (Little Angel Day Care Center, Inc.).  Joshua H. Rikon tried the trade fixture claim and argued the appeal.           The Village, as it has in past cases, offered a low-ball appraisal and paid an advance payment of $90,960.           The trial court awarded $469,114 as just compensation.  The award was previously affirmed and claimant thereafter moved for the additional allowance.  Little Angel was fully… read more

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Posted in Bad Faith, Just Compensation, Mendacious Argument, Uncategorized
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March 27, 2019

The doctrine of prior public use prevents a taking.

The doctrine of prior public use prevents a taking in Matter of City of NY  v Yonkers Indus. Dev. Agency, __AD3d__, 2019 NY Slip Op 02087 [2019]. The City of Yonkers sought to acquire property located in Yonkers that was owned by the City of New York and used by the Metropolitan Transportation Authority as a bus depot. The City of Yonkers sought to return the underutilized parcel to productive use in connection with an urban renewal plan. The Appellate Division, Second Department held the taking of the subject parcel… read more

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Posted in Challenges to Determination and Findings, Challenging condemnation, Condemnation of Government Property, EDPL 207, EDPL Article 2, Eminent Domain
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December 14, 2017

Is the acquisition of private property for affordable housing a public use?

New York City Mayor Bill de Blasio announced plans to acquire privately owned residential buildings and convert them into affordable housing in an effort to reduce the City’s homeless problem. The City is currently paying property owners to house homeless people in apartments in the buildings that the City wants to acquire. The City’s plan is to acquire the buildings and transfer them to nonprofit companies that will convert all of the apartments in the buildings into affordable units. The homeless people will stay in the affordable units. If the… read more

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Posted in Condemnation, Eminent Domain, Public Purpose
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November 20, 2017

THE ENTIRE FIRM IS ATTENDING THE EMINENT DOMAIN ALI-CLE CONFERENCE

  Goldstein, Rikon, Rikon & Houghton, P.C. is proud to be a sponsor of this year’s Eminent Domain and Land Valuation Conference to be held on January 25-27, 2018 in Charleston, South Carolina.  Every lawyer in the firm will be in attendance. Jonathan Houghton will be speaking on the Second Avenue Subway valuation issues in transportation corridor construction.  Michael Rikon will speak on cross-examination of experts: Preparation, Mistakes and Getting It Right. The faculty consists of over 50 speakers who are experts in the law of eminent domain from across… read more

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Posted in ALI-CLE Conference, Eminent Domain
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