Eminent Domain | Condemnation

The New York Court of Appeals issued its opinion in the appeal regarding the Atlantic Yards redevelopment project, Goldstein v. New York State Urban Development Corp., No. 178 (Nov. 24, 2009). This case was a challenge to the taking under the New York Constitution.

While we have not yet fully digested the 66 pages

Thanks to the New York Zoning and Municipal Law Blog for pointing out last week’s decision by the New York Court of Appeals in Hargett v. Town of Ticonderoga, 2009 NY Slip Op 08478 (Nov. 19, 2009).

Under New York’s eminent domain law, the condemning authority is liable to the property owner for attorney’s

Another very interesting conference call today, focusing on theupcoming arguments in the Stop the Beach Renourishment case, the New York Court of Appeals’ decision in Aspen Creek, and the New Jersey Supreme Court’s decision to review Klumpp v. Borough of Avalon. Here arethe links to some of the cases and other topics discussed

Just a reminder: tomorrow (Wednesday, November 18, 2009), from 2:00 – 3:00 p.m.(Eastern Standard Time), we will be holding the next “recentdevelopments” conference call for members of the Condemnation Law Committee(ABA Section of State & Local Government Law). It’s free, but openonly to Section members and guests.

Members should have already received an e-mail

According to this order dated November 19, 2009, the New Jersey Supreme Court has granted the property owners’ petition (available here), and will review the unpublished decision by the Appellate Division in Klumpp v. Borough of Avalon, No. A-2963-07 (per curiam).

This is the decision the New Jersey Law Journal labeled “A

Today, my Damon Key colleagues Ken Kupchak, Mark Murakami, Matt Evans and I filed the Opening Brief in the latest phase of County of Hawaii v. C&J Coupe Family Ltd. P’ship, two condemnation cases arising out of the County of Hawaii’s attempts to take a Kona family’s property. This brief addresses several

In July 2009, the Florida Supreme Court issued an opinion in System Components Corp. v. Florida Dep’t of Transportation,No. SC08-1507, which resolved resolved aconflict in the lower Florida courts regarding the application ofbusiness damages in a condemnation case under Florida Statutes § 73.071(3)(b).The court held that a business is not required to relocate

Mark your calendars for Wednesday, November 18, 2009, from 2:00 – 3:00 p.m. (Eastern Standard Time). That’s when we will be having the next “recent developments” conference call for members of the Condemnation Law Committee (ABA Section of State & Local Government Law). It’s free, but open only to Section members. Members should receive an