Publication Topics Archives: Highest and Best use

Is a real estate tax assessment appeal admissible in a condemnation case?

By M. Robert Goldstein & Michael Rikon

May 4, 2012

This article discusses why real estate taxes are inadmissible in a condemnation proceeding in New York State. Under the EDPL, property must be valued in condemnation proceedings according to its highest and best use, whereas for real estate tax assessment purposes the value of the property is determined according to its current use.

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Highest & Best Use: Economic Feasibility

By M. Robert Goldstein and Michael J. Goldstein

April 17, 1985

This article discusses one of the four prongs of “highest and best use” when determining the fair market value of property under eminent domain law: the economic feasibility test. Using Appellate Court case law, the authors elaborate on what is required to prove that a proposed use is economic feasible.

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