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Archive | Statute of Limitations

July 13, 2016

How Much Time Does the Government Have to Take Your Property?

After the government determines to use eminent domain, how much time does the government have to take your property? First, the New York Eminent Domain Procedure Law (“EDPL”) § 207 provides for petitioning the appellate court to review a condemnor’s determination and findings of its proposed public project and proposed exercise of eminent domain.  This opportunity for judicial review may be reviewed by the Court of Appeals. After that process, EDPL § 401 provides for the time during which a condemnor may commence a proceeding to acquire the property necessary… read more

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Posted in Challenging condemnation, Condemnation Procedures, Harlem Urban Renewal Project, Recent cases, Statute of Limitations
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August 24, 2015

Harlem Urban Renewal, the Statute of Limitations, and the Doctrine of Stare Decisis

The Supreme Court, New York County recently issued an interesting  decision by the Hon. Shlomo S. Hagler. The case was in the Matter of City of New York, Fifteenth Amended Harlem-E. Harlem Urban Renewal Plan (East 125th Street), Stage 1. The Decision and Order was issued August 13, 2015 and dealt with several motions by the respondent condemnees, which will be discussed herein. The condemnees collectively included City Lights Properties Three LLC, 2305-07 Third Avenue LLC, 2017 East 125th Street LLC, and 205 East 125th Street LLC. The procedural background of… read more

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Posted in Challenging condemnation, Condemnation Procedures, Harlem Urban Renewal Project, New York, Recent cases, Statute of Limitations
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