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February 27, 2020

How’s Your Wall Going? Part II

          We previously wrote on this subject on February 10, 2020.           The New York Times on February 27, 2020 reports the desecration of tribal lands by the Trump administration’s scramble to build a wall at America’s border with Mexico.  The article written by Simon Romero reports the destruction of protected saguaro cactuses which can live for 200 years.  Ordinarily, cut down a saguaro and you can face years in prison.           The remains of chopped-up saguaros are now visible along a swath of the Sonoran Desert in southern Arizona,… read more

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Posted in Border Wall, Endangered Species Act, Takings, Tribal Lands, Uncategorized
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February 24, 2020

We Don’t Need No Stinking Appalachian Trail

          The 600-mile Atlantic coast pipeline is an 8-billion-dollar project.  The pipeline is cutting a scar across the Appalachian Mountains to move fracked natural gas from West Virginia to Virginia and North Carolina.           The U.S. Court of Appeals for the Fourth Circuit vacated a permit allowing the pipeline to cross the trail deep underground.           Stretching 2,192 miles from Main to Georgia, the Appalachian National Scenic Trail is the longest and most popular footpath in the world.           The Supreme Court held argument as to what will happen to… read more

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Posted in Appalachian Trail, Pipelines, Uncategorized
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February 14, 2020

What are Trade Fixtures in Condemnation?

          Trade fixtures are general those personal property improvements installed for business purposes.  In a recent Court of Appeals decision, Matter of City of New York (Kaiser Woodcraft Corp.), 11 NY3d 353 (2008), it was noted that “New York takes a broad view in evaluating what improvements are to be regarded as (trade) fixtures.”  Citing, Rose v State of New York, 24 NY2d 80, 86 (1969).           The classic definition of a compensable trade fixture is an item added to the premises with the intention that it becomes a permanent… read more

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Posted in Trade fixtures, Uncategorized, Unit Rule
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February 10, 2020

How’s the Wall Going?

Texas           In Texas, the U.S.-Mexico Border is a river, and 95 percent of the adjoining land is privately owned.  Anywhere Trump builds his wall in Texas, he’ll have to wrench land from farmers, ranchers, entrepreneurs and deeply rooted Hispanic families.  Just downriver from the target land, for example, lies a stretch that includes an RV park frequented by Winter Texans, a bar and grill that offers river cruises, and the historic La Lomita chapel.  No construction contract has been awarded there yet, but the feds expect to do so… read more

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Posted in Historic Monuments, Native American Sites, Trump's Wall, Uncategorized
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February 3, 2020

CHANGES TO SIGNAGE AND SEATING IN PRIVATELY OWNED PUBLIC SPACES

          In an excellent article written by Kramer Levin Naftalis and Frankel LLP, we are advised that the New York City Council recently adopted a zoning text that updates public space signage and seating regulations at privately owned public spaces (POPS) like plazas, arcades, sidewalk widenings and other public accessible spaces.  These spaces are usually created by a variance or floor area bonus.           The new ordinance also applies to seating including benches, movable chairs and seat walls.  The tables and chairs must be available to the public without restriction… read more

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Posted in POPS, Public Sign Requirements, Seating in POPS, Uncategorized
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