The court has the constitutional mandate to determine just compensation
The Appellate Division, Second Department in Matter of Staten Is. Bluebelt Phase 2 v City of New York, 2013 NY Slip Op 5532, recently affirmed a trial court order (Saitta, J), which granted a motion to...
View ArticleTrial Court Denies Condemnor’s Motion to Dismiss Part of a Trade Fixture Claim
Justice Wayne Saitta, Kings County Supreme Court, just wrote a terrific decision denying a condemnor’s motion to dismiss part of a trade fixture claim. The decision, Pack It Away Storage Systems, Inc....
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View ArticleEmpire State Development Corporation’s motion for permission to reargue a...
In order to access the decision, click on this post, then click here: Pack It Awav v ESDC The post Empire State Development Corporation’s motion for permission to reargue a decision and order which...
View ArticleDismissal of trade fixture claim reversed
The Appellate Division, Second Department has reversed the dismissal of a trade fixture claim and remitted the matter to the trial court. See Matter of Village of Spring Val., N.Y. (Sport club...
View ArticleThe Supreme Court rejects a property owner’s regulatory taking claim
The Supreme Court of the United Sates rejected a property owner’s regulatory taking claim in Murr v Wisconsin, 582 U.S. ____ [2017]. The claim alleged that a Wisconsin law deprived the owner of all or...
View ArticleIs the acquisition of private property for affordable housing a public use?
New York City Mayor Bill de Blasio announced plans to acquire privately owned residential buildings and convert them into affordable housing in an effort to reduce the City’s homeless problem. The City...
View ArticleThe doctrine of prior public use prevents a taking.
The doctrine of prior public use prevents a taking in Matter of City of NY v Yonkers Indus. Dev. Agency, __AD3d__, 2019 NY Slip Op 02087 [2019]. The City of Yonkers sought to acquire property located...
View ArticleDamage resulting from a police action is not a taking
A takings claim was recently denied by the United States Court of Appeals, Tenth Circuit in Lech v Jackson, 2019 U.S. App. LEXIS 32393 [10th Cir Oct. 29, 2019, No. 18-1051]. The claim was made...
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