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Use of Eminent Domain Approved for Atlantic Yards Project – State High Court Finds Project Has Public Purpose as Area Meets Blight Definition
This week the proposed redevelopment of an area in Brooklyn, NY known as Atlantic Yards, cleared another hurdle in what is turning out to be protracted litigation. Basing its holding on State constit… more →
LAW OF THE LAND
Use of Eminent Domain Approved for Atlantic Yards Project – State High Court Finds Project Has Public Purpose as Area Meets Blight Definition
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Patty Salkin wrote 6 days ago: This week the proposed redevelopment of an area in Brooklyn, NY known as Atlantic Yards, cleared ano … more →
Atlantic Yards Eminent Domain Case Heads to New York High Court Tomorrow
Patty Salkin wrote 1 month ago: The Following Summary is from the Public Information Office of the New York Court of Appeals: To be … more →
Condemnation to Gain Access to Stream and Bulkhead Structure is a Valid Public Purpose But Taking of Fee Interest Was Excessive
Patty Salkin wrote 6 months ago: Following failed attempts to negotiate a right of access with the Petitioner, the Village decided to … more →
City’s Condemnation of Property for Road Construction to Alleviate Traffic is a Valid Public Purpose
Patty Salkin wrote 6 months ago: Following a study for a reconstruction project to “improve traffic mobility for vehicles, pede … more →
Appeals Court Dismisses Section 1983 Suit against Municipal Officials Alleging Eminent Domain Was Used in Retaliation
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Patty Salkin wrote 6 months ago: In 1995, Sable purchased a parcel of property immediately north of a City public-works facility that … more →
Condemnation Proceedings Not Preempted by National Housing Act Nor by Multifamily Assisted Housing Reform and Affordability Act
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Patty Salkin wrote 6 months ago: The City sought to acquire, through eminent domain, an apartment complex that the City believed was … more →
Appellate Court Dismisses Current Round of Ongoing Litigation over Atlantic Yards Redevelopment
Patty Salkin wrote 7 months ago: In February, a New York appellate court affirmed the dismissal of complaint challenging the Atlantic … more →
Court Must Decide If Public Purpose Claimed for Road Was Pretextual
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Patty Salkin wrote 7 months ago: The Hawaii Supreme Court ruled a trial court erred by not specifically considering whether a county’ … more →
California Appeals Court Reminds Cities Must Decide “Public Use” Before Condemnation
Patty Salkin wrote 7 months ago: When the California Court of Appeal began its February opinion with the statement, “This is a case o … more →
Mississippi Governor vetoes eminent domain reform legislation
Patty Salkin wrote 8 months ago: Mississippi Governor Haley Barbour vetoed eminent domain reform legislation yesterday after it was p … more →
New York Court of Appeals Upholds Condemnation of Farmland
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Patty Salkin wrote 9 months ago: Last month, New York’s high court heard oral arguments in an interesting case involving the condemna … more →
1st Circuit Court of Appeals Upholds Dismissal of Takings Claims Pending Decision from FERC on License Termination
Patty Salkin wrote 9 months ago: Lichoulas owned or served as trustee for five parcels of land that were taken by eminent domain by t … more →
Court Upholds Use of Eminent Domain for Wind Energy and Finds That Ethics Allegation Was Procedurally Flawed
Patty Salkin wrote 9 months ago: Following a condemnation of a portion of the petitioners’ property by the Town Board to create easem … more →
New York Court of Appeals Set to Hear Oral Arguments in Farmland Condemnation Case
Patty Salkin wrote 10 months ago: The following case summary is provided by the New York Court of Appeals for oral arguments set for W … more →
Missouri Supreme Court Enforces Heritage Value as Part of Just Compensation in Eminent Domain Matters
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Patty Salkin wrote 11 months ago: After the City sought condemnation of 15 acres out of 45 acres owned by the Relators, the Relators c … more →
State Court Claim for Compensation Not Barred By Prior Federal Court Claim
Patty Salkin wrote 1 year ago: Following a federal court dismissal on the grounds of ripeness in Plaintiff’s identical claims pursu … more →
New York Court of Appeals Holds That Tools Are Not Fixtures for Purposes of Condemnation Valuation
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Patty Salkin wrote 1 year ago: The New York Court of Appeals unanimously overturned the courts below in a case where a claimant, wh … more →
NJ Appellate Court Finds No Evidence of Blight to Support Eminent Domain Action
Patty Salkin wrote 1 year ago: Relying on the New Jersey Supreme Court’s recent ruling in Gallenthin v. Borough of Paulsboro, 191 N … more →
Atlantic Yards Litigation Moves to State Court
Patty Salkin wrote 1 year ago: After an unsuccessful effort to get the U.S. Supreme Court to hear their federal appeal, on August 1 … more →
