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October 18, 2022

Supreme Court Weighs Wetlands Protection.

On October 3, 2022, the Supreme Court heard argument in Sackett v U.S. Environmental Protection Agency, ___ U.S. ___ (No. 21-454).  The Sacketts bought their land in 2004 in a subdivision near Priest Lake, Idaho.  They obtained the necessary permits to build a modest three-bedroom family home.  In 2007 they began construction only to have EPA officials demand they stop, alleging that their land was protected wetlands under federal jurisdiction.  The EPA’s compliance order claimed the construction violated the Clean Water Act (CWA) because their property was a federally regulated… read more

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Posted in Clean Water Act, Navigable Waters, Wetlands
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June 9, 2022

Condemnation Award of $669,00 Made for Staten Island Wetlands

The Appellate Division, Second Department affirmed an award of $669,00 made by Justice Wayne P. Saitta.  Matter of City of New York, New Creek Bluebelt (Galarza). This condemnation case involved the taking of a vacant 21,000 square foot lot in Staten Island which was designated 100% wetlands. The former property owner Ivan Galarza retained Goldstein, Rikon, Rikon & Levi, P.C.  The Manhattan law firm was founded in 1923 and limits its practice to eminent domain – condemnation matters. Wetland cases present difficult legal and valuation issues. As Justice Saitta wrote:… read more

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Posted in Increment, Valuation, Wetlands
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January 8, 2018

CLARITY FOR NEW YORK TAKINGS LAW

Determining whether or not a government regulation constitutes a “taking” for the purposes of the Fifth Amendment can be a complex endeavor.  The recent Second Department decision of Matter of New Creek Bluebelt, Phase 3 (Baycrest Manor Inc.), ___ A.D.3d ____, 2017 N.Y. App. Div. LEXIS 8042, (November 15, 2017), provides some guidance on three important regulatory takings issues. The underling case was not a regulatory taking per se.  Rather, the City of New York condemned property that was 100% wetlands.  Had the City not taken title, the owner could… read more

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Posted in Regulatory Taking, Subsequent Purchases, Wetlands
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August 30, 2016

Landowners May Appeal To The Judiciary If Property Is Designated As Wetlands Subject To Federal Jurisdiction

This blog follows an article Michael Rikon wrote which was published in the New York Law Journal on August 26, 2016. Wetlands are areas saturated by surface or ground water sufficient to support distinctive vegetation adapted for life in saturated soil conditions.  The New York State Department of Environmental Conservation regulates two main types of wetlands, tidal wetlands along Long Island, New York City and up the Hudson River, and freshwater wetlands found on river and lake flood plains across the State. But wetlands may also be regulated by the… read more

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Posted in Uncategorized, US Supreme Court cases, Wetlands
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August 18, 2016

Regulatory Taking and Inverse Condemnation: Taxi Medallions and Wetland Building Permits

In two separate decisions on August 15, 2016, the United States District Court for the Eastern District of New York rejected regulatory taking and inverse condemnation claims. The first decision is about the New York City Taxi and Limousine Commission’s (“TLC”) commitment to “adopt regulations requiring that half of the city’s more than 13,000 yellow cabs be accessible to people with disabilities within six years.”  Singh v. Joshi, 152 F. Supp. 3d 112 (E.D.N.Y. 2016). The plaintiffs are three individual TLC medallion holders who argued that, among other things, the… read more

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Posted in Eminent Domain, Inverse Condemnation, Recent cases, Regulatory Taking, Wetlands
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