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August 14, 2015

Blue Island Development, LLC v Town of Hempstead, An Inverse Condemnation

The Appellate Division, Second Department handed down the Blue Island decision on August 12, 2015 (2015 NY Slip Op 06488). The decision can be read by clicking here: Blue Is. Dev., LLC v Town of Hempstead. The decision sets forth an interesting case dealing with a taking claim which arose because of the imposition of a restrictive covenant upon the granting of a zoning change. Blue Island Development acquired a parcel of land which had been used as an oil storage facility. It intended to remediate the environmental contamination and… read more

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Posted in Eminent Domain, Inverse Condemnation, Zoning
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February 3, 2015

Could New York City’s Requirement to Build Affordable Housing Effect a Taking?

New York City Mayor Bill de Blasio has pledged to create or preserve 200,000 affordable units of housing in the next decade.  Among the several proposals being considered, one idea is to amend or remove a controversial real estate tax abatement available under section 421-a of the Rent Act of 2011.  The abatement gives developers a property tax break, in decreasing amounts, over a 25 year period.  The statutory authority for abatement expires this Spring.  In certain neighborhoods in the City, developers must set aside a percentage of units which… read more

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Posted in Economy, Eminent Domain, New York, Published Articles, Real Estate, tax abatement, Zoning
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May 2, 2013

Basics of Property Valuation in Condemnation Proceedings

The rule that real property is valued at its highest and best use free and clear of leases, mortgages or other encumbrances regardless of actual use is so fundamental that almost every eminent domain decision begins with a recitation of it. Firstly, the act of condemnation extinguishes any interest on the property. In 1931, the Court of Appeals wrote,  In Matter of City of New York (Allen Street), “the City pays for what it takes and nothing else.  By such taking it extinguishes all existing rights and interests in the property taken.” … read more

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Posted in Condemnation Procedures, Eminent Domain, Highest and Best Use, Leases, New York, Offer & Compensation, Recent cases, Zoning
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April 24, 2013

A Condemnor Cannot Limit Just Compensation Because of a Planned Condemnation

The concept of limitation to one group of owners compared to others because of a proposed condemnation constitutes an unconstitutional denial of equal rights. We see this in cases where there has been a rezoning, but because parcels were to be taken in the exercise of eminent domain, the benefit of the up-zoning is denied. In Matter of City of New York (Inwood Hill Park Addition), 230 AD 31 (1st Dept 1930), afd. 256 NY 556 (1931), the Court held that there may be no deprivation of the right to submit any element of value which a… read more

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Posted in Eminent Domain, Highest and Best Use, New York, Uncategorized, Zoning
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