Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Eminent Domain
Additional Allowance to Condemnee Disallowed
Matter of Village of Haverstraw NYLJ 2/18/20, p. 29, col. 2 AppDiv, Second Dept. (memorandum opinion)
In a condemnation proceeding, condemnor appealed from Supreme Court's award of additional allowances to landlord and tenant of the condemned property. The Appellate Division reversed the award of an additional allowance to landlord and modified downward the award to tenant.
The village condemned property owned by landlord and leased to tenant. The village made advance payments of $575,000 to landlord and $61,044 to tenant. Both parties challenged the sufficiency of the compensation. At trial, the village offered an appraisal of the fee at $316,500, while landlord's appraiser valued it at $800,000. Supreme Court concluded that the value was $721,671. Tenant sought $973,000 in compensation for its fixtures, and Supreme Court concluded that most of the fixtures were not compensable, awarding a total of $159,596 to tenant. In addition to the compensation for value of the premises, Supreme Court, pursuant to section 701 of the Eminent Domain Procedure Law (EDPL), awarded landlord an additional allowance of $106,480.73 and awarded tenant an additional allowance of $127,064.82. The court also awarded post-judgment interest on those amounts at a rate of 9%. The village appealed the additional allowances.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?