Landowners now have a right to seek direct judicial review when their property is designated as wetlands subject to federal jurisdiction under the Clean Water Act. The act makes it unlawful to discharge dredged or fill material into “navigable waters” without a permit.
Advance payments with statutory interest should be paid quickly to help mitigate the impact of eminent domain. Condemnors should pay what they are required by law, without requiring condemnees to initiate unnecessary proceedings.
Many qualified appraisers do not know how to testify in court. Providing expert testimony requires expertise in the subject, but it also requires knowledge of rules that should be observed on the witness stand. Here are some guidelines.
There are three ways that property can be taken, requiring the payment of just compensation pursuant to the Fifth Amendment. The first is a de jure taking, which in New York follows the filing of a petition to condemn in State Supreme Court… Reprinted from the July 2016 issue of ALI CLE’s The Practical Real Estate Lawyer.
In his recent column, Michael Rikon discusses the specifics of how to know how much time you have to file a claim for damages in a condemnation action.
In his February 2015 column in the New York Law Journal, Mr. Rikon asks the question of whether NYC’s affordable housing units requirements might effect a taking.
In his recent column in the New York Law Journal, Mr. Rikon discusses the public trust doctrine and recent New York cases involving challenges to public parklands.
This article discusses which party has the burden of proof in a condemnation matter: the Court has the burden to assure that the award of the constitutional requirement of just compensation is obtained.
This article discusses the various ethical quandaries counsel may be faced with in an eminent domain matter, including perjury by an expert witness and disclosing controlling legal authority.
This article provides guidance in identifying and selecting expert witnesses and preparing and review expert reports.