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Archive | New York

May 9, 2014

The Time Has Come to Stop the State’s Improper Deposit of Advance Payments

By: Jonathan Houghton Every State appropriation that we are aware of now starts with an automatic, unexplained deposit of the advance payment. This conduct is as egregious as it is pervasive. The State fails to provide any advance notice and refuses to tell the Claimant when the deposit was made or why. The Claimant first learns the “when” and the “why” when the State submits an Answer. And often times, the purported rationale is questionable. Unless a court intervenes and stops this improper conduct, the State’s automatic deposits of the… read more

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Posted in Eminent Domain Abuse, Future of the law, New York, Offer & Compensation
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April 23, 2014

Michael Rikon Authors NYLJ Article: “More on Discovery of Prior Appraisals”

Michael Rikon recently authored an article in the New York Law Journal discussing the use of prior appraisals in eminent domain litigation proceedings. In the article, Mr. Rikon explains under Eminent Domain Procedure Law section 303, the condemning authority must authorize an advance payment based on its highest approved appraisal. However, often times at trial, the condemnor will introduce a subsequent appraisal at a lower amount, exposing the claimants  to a potential judgment if the trial court accepts the state’s appraisal as the fair market value on title vesting date…. read more

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Posted in Condemnation Procedures, Eminent Domain, New York, Offer & Compensation, Published Articles
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April 18, 2014

Village of Haverstraw Trial in the News

The LOHUD journal has published an article discussing an abominable case of eminent domain abuse, which our firm is handling. The Condemnor is the Village of Haverstraw, and they have introduced a trial appraisal lower than the advance payment, potentially putting our clients in the position of having to produce a refund to the Village Condemnor. Gideon Kranner is quoted in the article as saying this strategy is called “sandbagging” and that it is a coercive technique that, unfortunately, many condemnation lawyers are accustomed to. The article can be read… read more

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Posted in Condemnation Procedures, Eminent Domain, Eminent Domain Abuse, New York
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March 6, 2014

Court of Appeals: Restaurant in Union Square Does Not Violate The Public Trust Doctrine

Michael Rikon has authored a NYLJ article discussing the recent decision of the Court of Appeals in Union Square Park Community Coalition, Inc. v New York City Dept. of Parks & Recreation. This case required the court to decide whether the operation of a restaurant in Union Square would violate the public trust doctrine. The Court held that it would not. Leave to the Court of Appeals was granted from a Decision and Order from the Appellate Division, Second Department, which granted a preliminary injunction restraining the alterations necessary to… read more

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Posted in New York, Recent cases
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February 27, 2014

Appellate Division Affirms Award in AAA Electricians

The Appellate Division, Second Department recently affirmed the Supreme Court’s award in Village of Haverstraw v. AAA Electricians, Inc. The condemnor appealed the judgment of the Supreme Court, Rockland County, entered May 9, 2012, which awarded the condemnee $6,500,000 as just compensation for the taking of the condemnee’s real property. The background of the case is as follows: The condemnor acquired the 18.9 acres for transfer to the Ginsberg Development Company which in turn constructed the “Harbors of Haverstraw” a townhouse development. The subject parcel was flat and level and enjoyed… read more

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Posted in Eminent Domain, Eminent Domain Abuse, Highest and Best Use, New York, Offer & Compensation, Recent cases
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