United States v. Miller – The Most Misunderstood Condemnation Case

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.

Proposed Condominium Condemnation

By M. Robert Goldstein & Michael Rikon

September 25, 2009

This article examines the impact of clauses in condominium by-laws along the Second Avenue Subway line which often dictate who can receive an award of compensation and differentiate between when “common elements” are taken versus “individual units.”

Revocation of a Tax Exemption

By M. Robert Goldstein and Michael Rikon

June 24, 2009

A discussion of when and how property owners can use Article 7 petitions when a tax assessor revokes a real property exemption, including the burden of proof applicable to such cases and a discussion of a recent New York Court of Appeals case, Matter of Lackawanna Community Development Corporation v. Krawkoski.

A Partial Taking: Major Damages to Remainder Are Not Automatic

By M. Robert Goldstein & Michael Rikon

December 24, 2008

When the condemnor undertakes a partial taking, damages are generally computed by determining the fair market value of the property before the taking as compared to the fair market value after the taking. However, remainder damages may be awarded when a partial taking causes a consequential loss to the remaining property. This article explains the appraisal process applicable to such a case.

Condemnation Blight and De Facto Takings – De Laus v. State of New York, a Recent Application

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.