Tax Assessment & Condemnation Report

Tax Assessment & Condemnation Report

Category Archives: Condemnation/Eminent Domain

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Part II: Is a Public Hearing Mandatory Pursuant to the Eminent Domain Procedure Law?

Posted in Condemnation/Eminent Domain
Our first installment in this series on condemnation procedures detailed a key element of the process found in the New York Eminent Domain Procedure Law (“EDPL”) – the public hearing. While the condemnation process generally begins with a public hearing, the EDPL provides exemptions that allow the condemnor to bypass the public hearing requirement under certain circumstances. As we… Continue Reading

Your Appraisal or Their Appraisal? Applying For Federal Reimbursement May Destroy An Appraisal’s Protected Status

Posted in Condemnation/Eminent Domain
In a recent decision by the Appellate Division, Third Department, Lerner v. New York, the Court confirmed that documents prepared in anticipation of litigation, including appraisal reports, would lose their protection as “work-product” if disclosed to a third party. However, the Court went beyond this general rule holding that appraisal reports that were subject to review in connection with federal reimbursement programs were not… Continue Reading

Part I: Public Hearings in the Eminent Domain Procedure Law – A Sounding Board

Posted in Condemnation/Eminent Domain, Uncategorized
Eminent Domain. Condemnation. Taking. Whatever you call it, the acquisition of private property for public purposes by the government, or its agencies, is a highly controversial action. Therefore, it’s important, whether you are a condemning entity or a private property owner, to understand the process that must be followed before private property can be condemned. This… Continue Reading

Locating Utilities – When Municipal Consent is Not Enough

Posted in Condemnation/Eminent Domain, Settlement, Utilities
Over the last decade, there have been numerous class actions regarding telecommunication companies’ use of railroad easements. In many of those cases, the telecommunication companies obtained permission from the railroad companies to locate their facilities, but failed to seek permission from the owners of the land upon which the railroad easements ran. These lawsuits have often been decided in… Continue Reading

“I’m Not Paying For That!” – Monetary Exactions subject to Essential Nexus/Rough Proportionality

Posted in Condemnation/Eminent Domain
When does a condition imposed on a land use permit amount to a taking of private property? Until this week, only when that condition required the owner to give the government an interest in its land. After the U.S. Supreme Court decision in Koontz v. St. Johns River Water Management District, No. 11-1447, slip op., 570 U.S. ___… Continue Reading

Q: What’s An Appraisal Without Facts, Figures, Calculations? A: Not Admissible

Posted in Condemnation/Eminent Domain, Utilities, Valuation
  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

Recent Court Decision Tackles Valuation of Land Containing Mineral Resources

Posted in Condemnation/Eminent Domain
The 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 Domain
Federally 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