In Central New York Oil & Gas, LLC v Porto Bagle, Inc. (decided May 2, 2013), the Third Department rejected Petitioner’s appraisal report because both the report and the appraiser’s testimony failed to provide the “facts, figures or calculations” used to determine the value of the Property. The CNYOG decision forces us to review what’s appropriate under 22 NYCRR… Continue Reading
Category Archives: Condemnation/Eminent Domain
Subscribe to Condemnation/Eminent Domain RSS FeedRecent Court Decision Tackles Valuation of Land Containing Mineral Resources
Posted in Condemnation/Eminent DomainThe Fifth Amendment provides that private property may not be taken for public use without the payment of just compensation. The payment of “just compensation” must reflect the fair market value of the property acquired in its highest and best use on the date of the taking. How is “fair market value” determined when the property taken is… Continue Reading
Can’t Go Over It, Can’t Go Under It, Gotta Go Around It: Encountering Federal Conservation Easements
Posted in Condemnation/Eminent DomainFederally held conservation easements are one of the most problematic title obstacles faced by a public utility seeking to locate utility lines. In fact, encountering a federal conservation easement often results in a relocation of the utility line. The federal government generally holds conservation easements to protect wetlands, agricultural lands or other environmental resources. These… Continue Reading