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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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July 10, 2019

THANK YOU VERY MUCH FOR MY JUST COMPENSATION

          Just when you thought you heard it all, up comes a new, ridiculous statement by a condemnor.           I was in court yesterday before a judge who was trying his best to settle a claim for the partial taking of an apartment building and two stores.  I was not sanguine of a favorable result based on the spread of damages.  The property was very valuable on Third Avenue in Manhattan.  In the course of discussions, the MTA attorneys told the judge that “we already paid out more than $5… read more

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Posted in Advance Payments, Just Compensation, Uncategorized
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July 2, 2019

SCULPTURE TRAIL V SEWER LINE. WHO DO YOU THINK WON?

          The Appellate Division, Fourth Department, handed down on June 7, 2019, one of those rare decisions, granting a petitioner’s proceeding to annul a determination authorizing a condemnation.  In the Matter of the Frank J. Ludovico Sculpture Trail Corp. v Town of Seneca Falls, ___ AD3d ___, the petitioner commenced this original proceeding pursuant to EDPL 207 seeking to annul a determination of respondent to acquire an easement along a nature trail commemorating the women’s rights movement in order to install a sewer line.  The Court agreed with petitioner that… read more

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Posted in Challenges to Condemnation, Compliance with Article 8 of ECL, EDPL 207, Uncategorized
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June 24, 2019

BYE BYE WILLIAMSON COUNTY – HELLO KNICK V TOWNSHIP OF SCOTT

          On June 21, 2019, the Supreme Court of the United States handed down Knick v Township of Scott, 588 US ____ (2019).  I wrote about Knick in this blog twice, September 21, 2018 and November 5, 2018.           Knick was originally argued before the Supreme Court on October 3, 2018.  There were only 8 Justices then sitting and there was a lack of consensus.  The Court then issued an Order directing the filing of supplemental briefs and restoring the case for argument.  Re-argument took place on January 16, 2019… read more

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Posted in Fifth Amendment, Knick v Township of Scott, Ripeness of Claims, Uncategorized, Williamson County v Hamilton Bank
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June 5, 2019

THE DAKOTA ACCESS PIPELINE PROJECT

The Supreme Court of Iowa ruled on May 31, 2019 that the Dakota Access Pipeline is a valid use of eminent domain in the State of Iowa. The Dakota Access Pipeline is set to be one of the largest pipelines in North America, running from North Dakota through South Dakota and Iowa to reach a refinery in Illinois.  The pipeline has been subject to a significant amount of controversy for its size and environmental impact as well as its location running through Indian Reservations. The current case was brought by… read more

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Posted in Dakota Access Pipeline, Pipeline Takings, Takings Clause, Uncategorized
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