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Archive | Partial Takings

November 20, 2020

Never Be Bound by What the Condemnor Declares in a Taking

We witness more and more State appropriations where the NYDOT declares on its appropriation map that the taking is “Temporary.”  Yet, after the filing of the map and ergo the appropriation, the State alters the land in such a way that it is severely damaged.  The new roadway may limit access onto the remainder; it may reduce parking, or otherwise permanently physically alter the property. The scope of an easement is generally determined by the four corners of the taking documents themselves.  LIRR v LILCO, 64 NY2d 1088, 1089 (1985). … read more

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Posted in Condemnation, Easements, Loss of Access, Partial Takings
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August 6, 2019

SHAME ON YOU SUFFOLK COUNTY: THE ATTEMPT TO STEAL JUST COMPENSATION

          I recently tried a claim which involved the taking of an easement on a beach front property.  The taking was to build a protective dune on Fire Island.           The dune was part of a federally funded program developed after Hurricane Sandy.  The County claimed that the dune was a special benefit to the property.  Let’s define the terms:           Nichols on Eminent Domain, Third Ed., Sec. 8A.04(2) provides, “General benefits are those benefits which result from the fulfilment of the public project which necessitated the taking and are… read more

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Posted in Easements, Partial Takings, Special Benefit, Uncategorized
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August 8, 2018

MAN WANTS HIS PROPERTY BACK – TOO LATE!

A news story run by CBS News on August 6, 2018 reports that a former owner of land in the Bronx is fighting to get the land back from the City of New York.  The property, a 13,000 square foot parcel on Boston Road, was taken in 1967 apparently for a street widening. He has commenced a lawsuit because nothing was done with the property.  His attorney is hopeful that the City will work something out.  I am less sanguine of the results.  Under New York State Eminent Domain Procedure… read more

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Posted in Abandonment Of Condemnation, EDPL Sec. 406, Partial Takings, Right of First Refusal
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April 12, 2017

THAT PERMANENT EASEMENT IS REALLY A FEE TAKING IN DISGUISE

Often the State of New York will appropriate property for a highway project by utilizing three different types of takings, full fee takings, temporary easements and permanent easements.  Some appropriation maps will indicate all three types of takings.  The fee taking is valued on all damages which result, direct and any severance or consequential damages to the remainder. The temporary easement is valued at a rental value plus imputed expenses such as real estate taxes.  In addition, if the continued existence of the temporary easement causes damage to the remainder,… read more

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Posted in Easements, Partial Takings
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January 6, 2017

PIPELINE TAKINGS – TIME TO RECONSIDER THEIR POWER OF EMINENT DOMAIN

If you monitor eminent domain issues on a national level, you must be aware that by far the greatest controversy has focused on pipeline takings. The United States has the largest network of energy pipelines in the world, generally accepted to be 2.5 million miles, more recently, because of fracking, massive new pipeline building has been taking place.  Most of those lines are for oil.  Some states make a distinction between oil and gas pipelines.  Gas pipelines would not have the federal statutory priority and would be subject to state… read more

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Posted in Partial Takings, Pipeline Takings
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