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Archive | New York

August 7, 2014

Second Department Precludes Interior Appraisal Inspection

Recently, we blogged about a California case, Property Reserve, Inc. v. Superior Court, 224 Cal. App. 4th Dept 828 (2014), wherein the California Third District of Appeal ruled that entry statues which allowed discovery , testing, and inspection of property which was being considered in a condemnation proceeding were unconstitutional. The case was also the subject of a recent New York Law Journal article published on June 24, 2014. New York has very similar pre-condemnation entry authorizations in its Eminent Domain Procedure Law. The column noted that Property Reserve did not… read more

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Posted in Condemnation Procedures, Eminent Domain Abuse, Entry Statutes, New York, Recent cases
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July 2, 2014

New York’s Judicial View

New York is one of three states in the Union that does not provide for jury trials in eminent domain cases. All of our trials are by the court. But New York’s Eminent Domain Procedure Law does provide a very important provision: the judicial view. Section 510 of the EDPL states: (A) The trial court shall view the property in all claims, unless waived by stipulation of the parties. The parties to the suit or claim, may attend the viewing by the court at a time scheduled by the court…. read more

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Posted in Eminent Domain, Judicial view, New York
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June 27, 2014

New York City to the Rescue- Council Members Seek to Use Eminent Domain to Condemn Underwater Mortgages

At a press conference on the steps of City Hall, City Council members and housing advocacy groups called on the Mayor to help homeowners who are at risk of foreclosure. Such help would come in the form of using eminent domain to “buy back mortgages where homeowners owe more than their houses are worth.” According to a CBS report on June 25, 2014, “under the proposed plan, City government would purchase the mortgages from banks and refinance them to match the home’s value to prevent foreclosure.” According to the report,… read more

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Posted in Continuing Legal Education, Eminent Domain Abuse, Future of the law, Mortgage seizures, New York, Uncategorized
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May 22, 2014

Appellate Division Second Department Renders Important Decision in Mazur Brothers

The Appellate Division, Second Department, handed down a decision on May 21, 2014, effectively ending 8 years of litigation and awarding compensation to the Claimants, Mazur Brothers Realty, LLC. Mazur Brothers Realty LLC were the fee owner of property located at 80 Lake Street and 90 Lake Street, White Plains, New York. Mazur Brothers, Inc., was the tenant at both properties and operated a well-known furniture business on the premises prior to title vesting. The property was taken in connection with a project to improve the Cross Westchester Expressway. Litigation… read more

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Posted in Eminent Domain, New York, Offer & Compensation, Recent cases, Trade fixtures
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May 15, 2014

Recent Decision Values Atlantic Yards Property at 9 Million

Recent Decision Values Atlantic Yards Property at 9 Million Goldstein, Rikon, Rikon & Houghton recently received a decision awarding one of its clients $9,186,000, plus interest, for damages resulting from a fee taking which occurred on March 1, 2010 in connection with the Atlantic Yards development project. The property consisted of a 20,738 square foot lot, with frontage on Atlantic Avenue and a rear lot adjoining the Long Island Railroad tracks. The property was zoned M1-1 and was vacant at the time of title vesting. The case was tried by… read more

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Posted in Eminent Domain, Highest and Best Use, New York, Recent cases
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