Beginning in 1974, Suffolk County enacted a series of laws, now codified as Chapter 8 of the Suffolk County Code, which sought to preserve agricultural lands. In exchange for paying an owner for the development rights of his/her farmland, the owner agreed to a covenant restricting the land to agricultural or open space. Between 1974
Joint Tenants Must Hold Equal Ownership Interests in Real Property
On July 11, 2016 and August 22, 2016, we blogged about how to successfully prepare and record a deed in the State of New York. Just a few days ago, a question arose as to whether joint tenants with rights of survivorship can hold title to real property in unequal interests. Although I emphatically
So What Exactly Are PFOS and PFOA?
There has been a lot of recent press about water pollution caused by PFOS and PFOA, in particular at Hoosick Falls in upstate New York and at the Stewart Air National Guard Base in Newburgh. You may have wondered what the heck these chemicals are and should we be worried about them on Long Island.
The Village of Asharoken Faces A Rising Tide
Rising sea levels and erosion have caused severe damage to Asharoken Avenue, the only road into or out of the Village of Asharoken. These conditions continue to endanger the lives and property of the people that live in Eatons Neck. Yet, despite the potential benefits from a multi-million dollar federally funded project that will protect
Special Use Permits Versus Area Variances: How The Difference Adversely Impacted A Property Owner In A Condemnation Proceeding
Today’s blog post concerns a property owner receiving substantially less than it wanted when its property was taken in an eminent domain proceeding because the “highest and best use” it claimed was applicable to the site required an area variance and a zoning change, rather than a special use permit. The awarded amount was about
Castle Located in Residential Zone Prohibited from Conducting Weddings, Large Parties and Other Social Receptions
On July 21, 2016, the Appellate Division, Third Department, upheld a decision of the trial court in Lavender II v. Board of Zoning Appeals of the Town of Bolton, 141 A.D. 3d 970 (3d Dept., 2016) (Krogmann, J. ,Warren County) holding that a Castle located in a residential zone along panoramic Lake George, could not
Long Island Pine Barrens Society Has Standing To Challenge
In prior posts, we discussed sand mining in Southampton, Pine Barrens Credits and the State Environmental Quality Review Act (“SEQRA”). A recent case out of Suffolk County touches on all three areas, so we decided to write a blog post on it.
The case, Matter of the Application of the Long Island Pine Barrens Society,
Judge Refuses to Throw Out Southold Town’s Controversial Garbage Bag Law
A Suffolk Supreme Court Justice has upheld Southold Town’s “yellow bag” law which requires residents to place refuse in Town issued yellow garbage bags. Proceeds from the sale of the yellow bags are used to operate a transfer station located in Cutchogue.
In March 2012, Go-Green Sanitation, a garbage carter, was hauled into Justice Court
How to Successfully Prepare and Record a Deed in New York, Part 2: No Consideration Deed Transfers
On July 11, 2016, I began a short blog series on how to successfully prepare and record a deed in New York State. In that post, we reviewed the various types of deeds available such as warranty deeds, bargain and sale deeds and executors deeds. We also discussed the importance of securing a copy of
Village Says Yes To Special Use But No To Special Exception For The Same Residence
A recent appellate court case, Matter of Lazarus v Board of Trustees of the Village of Malverne, 31 NYS3d 207 [2d Dept 2016], involves the approval of a special use and the denial of a special exception for the same residential premises. Here are the facts of the case.
The house in question is