By M. Robert Goldstein & Michael Rikon
April 29, 2010
This article explains common misinterpretations of the “Miller Rule”, aka the “Project Influence Rule”, which holds that when determining the value of property taken, a condemnee may not receive an enhanced value for its property where the enhancement is solely due to the property’s inclusion within the very public improvement for which it was condemned.
By Michael Rikon & Joshua H. Rikon
June 25, 2008
This article examines a common problem, called condemnation blight, also known as the “cloud of condemnation” which can hang over a property when a project is announced and thereby diminish its marketability and value over time. De Laus v. State of New York, and other cases where condemnation blight was central to the court’s decision on the issue of just compensation, are discussed.
By M. Robert Goldstein and Michael Rikon
March 14, 2008
This article discusses possible ways that New York’s eminent domain procedure law could be amended for positive change, including adding language of exclusivity, setting a period to file a claim for compensation, and defining “blight.”
By M. Robert Goldstein and Michael J. Goldstein
February 20, 1985
This article draws from case law around the state to explain what exactly is meant by “project blight” and “value depressing acts” under City of Buffalo v. JW Clement Co. Publicity of a proposed project can often have a value depressing effect on the property to be taken.
