Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Eminent Domain Law
No Deduction for Stigma Damages
Matter of Town of Oyster Bay v. 55 Motor Avenue Company, LLC NYLJ 10/9/20, p. 28, col. 5 AppDiv, Second Dept. (memorandum opinion)
In a condemnation proceeding, both parties appealed from a Supreme Court judgment awarding claimants $9,732,498 as just compensation for the taking. The Appellate Division modified to reduce the award to $4,295,634, holding that the court below had improperly relied on comparable sales of retail property, but that the town was not entitled to a deduction for stigma due to environmental contamination.
In order to expand a public park, the town condemned the subject property, which was zoned for light industrial use. The federal government had designated the property as a "superfund" site due to environmental contamination, and at the time the condemnation vested title in the town, remediation was ongoing and was expected to continue for approximately four years. In this condemnation proceeding, Supreme Court initially awarded claimant more than $20,000,000 based on value for retail purposes. On an earlier appeal, the Appellate Division reversed and remanded to Supreme Court to determine value for light industrial development. On remand, Supreme Court awarded claimant $9,732,498 based on comparable sales of property for retail use.
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
How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.