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Archive | Sandbagging

August 17, 2018

SANDBAGGING, A PRACTICE THAT MUST STOP

My column for the August 28, 2018 issue of the New York Law Journal, “The New York State Legislature Should Revise the EDPL” contains many suggestions for revisions of the law.  One suggested change addresses the practice employed by condemning authorities commonly known as “sandbagging.” Eminent Domain Procedure Law § 304 addresses the concept of advance payment.  As the statute states, the condemnee may elect to accept such offer as an advance payment and such election shall in no way prejudice the right of a condemnee to claim additional compensation. … read more

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Posted in Advance Payments, Appraisal, Sandbagging
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August 28, 2015

New York Law Journal: The Condemnation Expert’s File: Minefield for Cross-Examination

Michael Rikon recently authored a column published in the New York Law Journal titled The Condemnation Expert’s File: Minefield for Cross-Examination. In condemnation cases, each side hires an expert to prepare an opinion on the value of the property. As Mr. Rikon explains in the article, once that expert testifies at trial, his or her work file becomes discoverable by the opposing side, and is often rife with material for cross-examination. This material can range from inaccurate data or the use of a faulty valuation method, to evidence of coaching,… read more

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Posted in Appraisers, Lawyers, Offer & Compensation, Recent cases, Sandbagging, Trial Preparation, USPAP
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May 13, 2015

The Second Higher Appraisal: Stop the Games and Produce it

A recent, unanimous decision of the Virginia Supreme Court held that a prior appraisal used for the payment of an advance payment should have been admitted in evidence as an admission. Ramsey v Commissioner of Highways, __ Va. ___ (Record number 140929). The  full decision of the Court can be read here. The facts were fairly simple. The Ramseys owned a parcel of land in the City of Virginia Beach. The Highway Department took a portion of the land for Route 264. Prior to the taking, the Condemnor valued the… read more

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Posted in Advance Payments, Eminent Domain, Eminent Domain Abuse, Offer & Compensation, Recent cases, Sandbagging
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